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OFFICE OF THE CITY CLERK
JOHN VOORDE,CITY CLERK
December 10, 2015
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for Monday,
December 14, 2015 at the Council Informal Meeting Room, 4th Floor County-City Building,
227 W. Jefferson Blvd.. South Bend, Indiana:
3:30 P.M. ZONING &ANNEXATION OLIVER J. DAVIS, CHAIRPERSON
1. Bill No. 65-15—Rezoning—1637 & 1641 Portage Avenue
3:40 P.M. PUBLIC WORKS & PROPERTY
VACATION VALERIE SCHEY, CHAIRPERSON
1. Bill No. 79-15—Alley Vacation- First N/S Alley West of Arnold from Donald
St. and the First EM Alley North of Ewing Ave.
2. Bill No. 78-15—Amend Chapter 6 of the SBMC Addressing Plumbing
Excavator Fees Charged by the Building Dept.
3:55 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Bill No. 15-106-Designating Tax Abatement- 1915 Bendix Dr. -Appletree
Associates-2 yr. Vacant Building
2. Bill No. 15-107—Designating Tax Abatement-Lot 4 Portage Prairie-Ontario
partners— 10 Year Real Property
3. Bill No. 15-108—Designating Tax Abatement-301 E.Sample St.—Mossberg
&Company- 5 Year Personal Property
4. Pathway Project Presentation—Department of Community Investment
4:20 P.M. PERSONNEL&FINANCE KAREN L.WHITE, CHAIRPERSON
1. Bill No. 75-15- Budget Transfers for Various Departments for 2015
2. Bill No. 76-15—Additional Appropriations for Certain Departmental and
City Services Operations for 2015
3. Bill No. 74-15—Amend Chapter 2 of the SBMC Entitled Post City
Employment Restrictions
4:35 P.M. UTILITIES COMMITTEE DAVID VARNER, CHAIRPERSON
1. Bill No. 77-15—Additional Appropriations for Certain Departmental and
Enterprise Operations in 2015
455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601
Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendIN.gov
KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON
CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK
4:40 P.M. HEALTH &PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON
1. Bill No. 73-15—Amend Chapter 13 and Chapter 2 of the SBMC Addressing a
Schedule of Ordinance and Code Violations
4:55 P.M. INFORMATION &TECHNOLOGY GAVIN FERLIC, CHAIRPERSON
1. Bill No. 15-103—Encourage the City to Study the Feasibility of Implementing
a Local Public Polling System
Council President Tim Scott has called an Informal Meeting of the Council which will
commence immediately after the adjournment of the Information &Technology
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.
AGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, DECEMBER 14, 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
15-104 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND INDIANA, PUBLICLY THANKING CATHERINE D.
HOSTETLER, DIRECTOR OF THE HISTORIC PRESERVATION
COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY FOR
HER ELEVEN (10) YEARS OF LEADERSHIP
A. PATHWAY PROJECT PRESENTATION - 5 MINUTES
6. REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
65-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1637 AND 1641
PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN
THE CITY OF SOUTH BEND, INDIANA
79-15 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED
IS THE FIRST NORTH/SOUTH ALLEY WEST OF ARNOLD
STREET FROM DONALD STREET TO THE FIRST EAST/WEST
ALLEY FRO A DISTANCE OF 455 . 95 FEET AND A WIDTH
OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS
THE FIRST EAST/WEST ALLEY NORTH OF EWING AVENUE
73-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION
13-96 OF ARTICLE 10, CHAPTER 13 OFFENSES AND
MISCELLANEOUS PROVISIONS AND AMENDING SECTION 2-
213 OF CHAPTER 2 ADDRESSING A SCHEDULE OF
ORDINANCE AND CODE VIOLATIONS OF THE SOUTH BEND
MUNICIPAL CODE
74-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
2, ARTICLE 8, BY THE ADDITION OF NEW SECTION 2-
125 . 2 ENTITLED POST CITY EMPLOYMENT RESTRICTIONS
78-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
6, ARTICLE 4, SECTION 6-10 (d) (2) OF THE SOUTH
BEND MUNICIPAL CODE ADDRESSING PLUMBING EXCAVATOR
FEES CHARGED BY THE BUILDING DEPARTMENT
75-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2015
76-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2015 OF $233 , 296 FROM
COUNTY OPTION INCOME TAX FUND (#404) AND $87, 500
FROM LOCAL ROAD & STREETS FUND (#251)
77-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2015 OF $10, 000 FROM
MPAC CAPITAL IMPROVEMENT FUND (#416) , $4, 000 FROM
CUSTOMER DEPOSIT FUND (#624) , $750 FROM
WATERWORKS SINKING FUND (#625) , $5 , 500 FROM
WATERWORKS DEBT RESERVE 0 & M FUND (#629) ,
$1, 887, 938 FROM SEWAGE 0 & M FUND (#641) , $6, 160
FROM SEWAGE WORKS O&M RESERVE FUND (#643) , $2, 827
FROM SEWAGE WORKS SINKING FUND (#649) AND $3 FROM
2007B SEWER BOND FUND (#651)
8 . BILLS, THIRD READING TIME:
BILL NO.
50-15 THIRD 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 GERMAN TOWNSHIP, CONTIGUOUS
THEREWITH; COUNCILMANIC DISTRICT #1, FOR THE WEST
PORTION OF 52933 SHELLBARK AVENUE, SOUTH BEND,
INDIANA
65-15 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1637 AND 1641
PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN
THE CITY OF SOUTH BEND, INDIANA
79-15 THIRD READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED
IS THE FIRST NORTH/SOUTH ALLEY WEST OF ARNOLD
STREET FROM DONALD STREET TO THE FIRST EAST/WEST
ALLEY FRO A DISTANCE OF 455 . 95 FEET AND A WIDTH
OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS
THE FIRST EAST/WEST ALLEY NORTH OF EWING AVENUE
73-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION
13-96 OF ARTICLE 10, CHAPTER 13 OFFENSES AND
MISCELLANEOUS PROVISIONS AND AMENDING SECTION 2-
213 OF CHAPTER 2 ADDRESSING A SCHEDULE OF
ORDINANCE AND CODE VIOLATIONS OF THE SOUTH BEND
MUNICIPAL CODE
74-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
2, ARTICLE 8, BY THE ADDITION OF NEW SECTION 2-
125 . 2 ENTITLED POST CITY EMPLOYMENT RESTRICTIONS
78-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
6, ARTICLE 4, SECTION 6-10 (d) (2) OF THE SOUTH
BEND MUNICIPAL CODE ADDRESSING PLUMBING EXCAVATOR
FEES CHARGED BY THE BUILDING DEPARTMENT
75-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2015
76-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2015 OF $233 , 296 FROM
COUNTY OPTION INCOME TAX FUND (#404) AND $87, 500
FROM LOCAL ROAD & STREETS FUND (#251)
77-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2015 OF $10, 000 FROM
MPAC CAPITAL IMPROVEMENT FUND (#416) , $4, 000 FROM
CUSTOMER DEPOSIT FUND (#624) , $750 FROM
WATERWORKS SINKING FUND (#625) , $5, 500 FROM
WATERWORKS DEBT RESERVE 0 & M FUND (#629) ,
$1, 887, 938 FROM SEWAGE 0 & M FUND (#641) , $6, 160
FROM SEWAGE WORKS O&M RESERVE FUND (#643) , $2, 827
FROM SEWAGE WORKS SINKING FUND (#649) AND $3 FROM
2007B SEWER BOND FUND (#651)
9 . RESOLUTIONS
BILL NO.
15-105 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 635 S . LAFAYETTE BLVD. , SOUTH BEND IN 46601
AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF
A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR
RDISTRICT ONE, LLC
15-106 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 1915
BENDIX DRIVE, SOUTH BEND, IN 46628 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (2) TWO-YEAR
VACANT BUILDING TAX ABATEMENT FOR APPLETREE
ASSOCIATES, LP
15-107 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 LOT
4 PORTAGE PRAIRIE MINOR #5, SOUTH BEND, IN 46601 AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10)
TEN YEAR REAL PROPERTY TAX ABATEMENT FOR ONTARIO
PARTNERS, LLC
15-108 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 301
EAST SAMPLE STREET, SOUTH BEND, IN 46601 AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5)
FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
MOSSBERG & COMPANY, INC
15-103 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND INDIANA, ENCOURAGING THE CITY TO STUDY
THE FEASIBILITY OF IMPLEMENTING A LOCAL PUBLIC
POLLING SYSTEM
10 . BILLS, FIRST READING
BILL NO.
80-15 FIRST READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: FIRST E/W ALLEY NORTH OF
CALIFORNIA AVE. BETWEEN SHERMAN AVE. AND THE
NORTH/SOUTH ALLEY
81-15 FIRST READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTIES LOCATED AT 5603 F J
NIMTZ PARKWAY, THE SOUTHWEST CORNER OF F J NIMTZ
PARKWAY AND MOREAU COURT AND PROPERTY NORTH OF
AND ADJACENT TO 3575 MOREAU COURT, SOUTH BEND,
INDIANA COUNCILMANIC DISTRICT NO 1 IN THE CITY OF
SOUTH BEND, INDIANA
82-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH;BEND INDIANA, ESTABLISHING A
POLICE AID PROGRAM AND FUND
11. UNFINISHED BUSINESS
15-109 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND INDIANA, PUBLICLY THANKING HENRY DAVIS,
JR. FOR TWO 4-YEAR TERMS OF PUBLIC SERVICE AS THE
2ND DISTRICT COUNCIL MEMBER
15-110 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND INDIANA, PUBLICLY THANKING VALERIE SCHEY
FOR ONE 4-YEAR TERM OF PUBLIC SERVICE AS THE 3RD
DISTRICT COUNCIL MEMBER
15-111 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND INDIANA, PUBLICLY THANKING AND
COMMENDING DR. FRED FERLIC FOR DILIGENTLY SERVING
AS THE 4TH DISTRICT COUNCIL MEMBER FOR 2012-2015
15-112 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND INDIANA, PUBLICLY THANKING AND
COMMENDING DEREK D. DIETER FOR HIS DISTINGUISHED
TWELVE (12) YEARS OF DEDICATED SERVICE AS A MEMBER
OF THE COMMON COUNCIL
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.
In the interest of providing greater public access and to promote greater transparency,
the South Bend Common Council agenda has been translated into Spanish. All
agendas are available online from the Council's website, and also in paper format in the
Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been
taken to provide an accurate translation of the text of the agenda, however, the official
text is the English version. Any discrepancies which may be created in the translation,
are not binding. Such translations do not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the Common Council or the
City of South Bend, Indiana.
LAWRENCE P. MAGLIOZZI
EKECLITIVE DR ECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235-9671
Wednesday,November 18, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Dr. Trang Mai DDS to zone from SF2 Single Family&Two Family District to OB
Office Buffer District,property located at 1637 and 1641 Portage Avenue,City of South Bend-APC#2759-
15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Dr. Trang Mai DDS was legally advertised on Thursday,
November 05, 2015 and that the Area Plan Commission at its public hearing on Tuesday,November 17,2015 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried,the
proposed ordinance of Dr.Trang Mai DDS to zone from SF2 Single Family&Two Family District to
OB Office Buffer District, property located at 1637 and 1641 Portage Avenue,City of South Bend, is
sent to the Common Council with a FAVORABLE recommendation. This rezoning will allow an
existing dental office, which is currently split-zoned,to be properly zoned and modified in a way that
allows for expansion of an existing use and a more efficient traffic flow for patrons and employees.
This rezoning is a natural expansion of a minimally-invasive zoning district which borders a
commercial hub to the south.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
Lawrence P. Magliozzi
Attachment
CC: Dr. Trang Mai DDS
Leslie Green
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T IOSE P H CO LI N T Y I ND I A N A.C OM/AREA PL AN
i . .
Staff Report 11/5/2015
APC# 2759-15
Owner: Dr. Trang Mai DDS
Location: 1637 and 1641 Portage Avenue
Jurisdiction: City of South Bend
Public Hearing Date: 11/17/2015
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family&Two Family District
to OB Office Buffer District,and seeking 4 variances from the development standards.
Land Uses and Zoning:
On site: On site is an existing dental office and a vacant lot.
North: To the north is a single family home zoned SF2 Single Family& Two
Family District.
East: To the east across Portage Avenue are single family and multifamily homes
zoned SF2 Single Family&Two Family District and MF2 Urban Corridor
Multifamily District.
South: To the south is a dental clinic zoned OB Office Buffer District; across
Kinyon Street is a video rental store zoned LB Local Business District.
West: To the west across the alley is a single family home zoned SF2 Single
Family&Two Family District.
District Uses and Development Standards:
The OB- Office Buffer District is established to promote the development of small scale
office, professional, business, governmental and quasi-governmental uses. Since the types
of permitted uses in the OB District are typically less commercial in appearance and are
architecturally more harmonious with residential structures,this district can serve as a
buffer between residential districts and more intense commercial or industrial districts.
The OB District may also serve as a gradual and reasonable transition between major
thoroughfares and residential districts. The OB District development standards are
established to assure small scale developments.
Site Plan Description:
The site plan is part of a larger development that includes an existing dental office (1,232
square feet)with a proposed structural addition of 1,070 square feet. Additional parking
and an access drive is proposed on the north, with access to the alley. The required
parking for one dentist is 5 spaces. The total number of spaces being provided is 13. The
northern portion of the lot, which abuts a residential use, is approximately 3 feet lower in
elevation than the adjacent property. It will be separated by a retaining wall and both off-
street parking area screening and perimeter landscaping. Site access is off of Kinyon
Street, with the on-site traffic pattern directing vehicles out to the alley.
Zoning and Land Use History And Trends:
The property to the south across Kinyon Street was rezoned in 2001 to LB Local Business
APC # 2759-15 Page 1 of 3
Staff Report 11/5/2015
District to allow for a video rental store.
Traffic and Transportation Considerations:
Kinyon Street has two lanes; Portage Avenue has two lanes and on-street parking.
Utilities:
This site will continue to be served by municipal sewer and water.
Agency Comments:
County Surveyor recommends approval. City Engineer recommends approval subject to:
I) submittal of a satisfactory drainage plan; 2)the paving of the rear alley from Kinyon
Street to the lot's north line; and 3)that no landscaping be installed on the site's west
property line which abuts the alley, for line-of-sight concerns. Department of Community
Investment offers a favorable recommendation.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
This petition is consentient with City Plan, South Bend Comprehensive Plan (November
2006): Policy PF 7.1.1: Support the provision of services that effectively meet the
changing healthcare needs of residents.
Land Use Plan:
The future land use map identifies this area as medium density residential.
Plan Implementation/Other Plans:
The Portage Avenue Commercial Corridor Revitalization Action Plan (November 1999)
identifies this area as a"Shopping Node".
2. Current Conditions and Character:
Portage Avenue between Angela and Kinyon has developed as a local commercial node
for the surrounding neighborhood.
3. Most Desirable Use:
The most desirable use is one that buffers the single family residential to the north from
the commercial properties to the south and limits any negative impact on surrounding
residential properties.
4. Conservation of Property Values:
Based on the fact that the dental office is already existing, surrounding property values
should not be adversely affected. The change of elevation between this property and the
property to the north, in conjunction with substantial landscaping along the north property
line,will significantly limit any light or noise pollution from the office and its clients.
5. Responsible Development And Growth:
It is responsible development and growth to allow this dental office to expand in a limited
APC # 2759-15 Page 2 of
•
Staff Report 11/5/2015
manner to better serve the health of neighborhood residents.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and 4 variances
from the development standards. The Commission will forward the rezoning to the
Common Council with or without a recommendation and either approve or deny the
variances.
The variances are as follows:
1) from the required 15'minimum front yard setback to 5'for an interior access driveind
parking;
2) from the required 15' side residential bufferyard to 5';
3)from the required'oundation landscaping to the existing landscaping; and
4) from the required Type: B Landscapingilong the alley to none.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved. The standards and their justifications are as
follows:
(1)The approval will not be injurious to the public health, safety,morals, and general
welfare of the community.
The proposed setbacks will allow parking and access on site to meet the demands of the
use and will be consistent with what is existing on site.
(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.
Surrounding property values will not be adversely affected by the building addition or
the parking lot due to the change in elevation and landscaping which will serve as a noise
and light buffer.
(3)The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property.
Due to the unique configuration of, and the relatively small depth of the site, the strict
application of the residential bufferyard setbacks would not allow the dental office to
expand.
Recommendation:
Based on information available prior to the public hearing,the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation. Staff
recommends approval of variances 1, 2,and 4,however requests that variance#3 be
subject to providing foundation landscaping for any new buildings or additions.
Analysis:
This rezoning will allow an existing dental office, which is current split-zoned,to be
properly zoned and modified in a way that allows for expansion of an existing use and a
more efficient traffic flow for patrons and employees. This rezoning is a natural expansion
of a minimally-invasive zoning district which borders a commercial hub to the south.
APC # 2759-15 Page 3 of 3
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Rezoning from:
"SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to
"OB" OFFICE BUFFER DISTRICT
MASTER ZONING KEY N
SOUTHBEND ''SFI SINGLE FALIILYAND-TWO FALIILYD!STRICT .11172,
SOUTH BEND SF2 SINGLE FAI.11L`ANDT'NO FAMILY DISTRICT r '�'t°� E
4
SOU-HBEND 'WFI'URBAN CORRIDOR MULTIFAMILY DISTRICT
S
SOUTH BE ND "OB'OFFICE BUFFER DISTRICT 1 inch = 100 feet
SOUTH BEND 1.1U'MIXED USE DISTRICT APC # 2759-15
SOUTH BEND LB LOCAL BUSINESS DISTRICT
Page 1 of
Jennifer Parcell - Dr.Trang Mai DDS
From: "John Boughton" <joughton @comcenter.com>
To: <jparcell @co.st joseph.in.us>
Date: 11/17/2015 10:04 AM
Subject: Dr. Trang Mai DDS
My wife Jill and I have been neighbors to Dr Mai for 8 years. They are good neighbors. They have put much effort to rehabilitate
a house that had long been vacant on our block,which they have now taken down.
We are in favor of their plans to upgrade their business and their requests for parking and landscaping variances. We are
confident they will do a good job that will be an improvement to our block and to our neighborhood.
We are not able to be present at the meeting today, but wanted to make our support known.
Thank you.
John and Jill Boughton
1649 Portage
South Bend
574-272-2809
iRECEIVED
NOV 17 2015
AREA PLAN COMMISSION
file://C:\Documents and Settings\jparcell\Local Settings\Temp\XPgrpwise\564AFBA5InternalPLEXISPOI... 11/17/2015
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1637 AND 1641 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO.
1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To rezone properties adjacent to an existing office in order to allow for the expansion of
the office.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known
as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is
amended in order that the zoning classification of the following described real estate in
the City of South Bend, St. Joseph County, State of Indiana:
LOT 4 AND LOT 5 OF MORRIS PARK ADDITION
be and the same is hereby established as OB Office Buffer District.
SECTION II. This ordinance shall be in full force and effect from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m.
•
City Clerk
Approved and signed by me on the day of 2 , at
o'clock . m.
Mayor, City of South Bend, Indiana
•
Filed in C rK'S Office
1st RRADING z✓ OCT 7 2015
PUBLIC HEARING
rd READING J011.a "J'J' -Ca •:
NOT APPROVED CITY CLERX,SOUTH I1END,IN
REFERRED A'P' L�
PASSED
PETITION FOR A COMBINED PUBLIC HEARING
City of South Bend. Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at: 1637 and 1641 Portage Avenue
2) The property Tax Key Number(s) is/are: 18-2180-6748 and 18-2180-6744
3) Name and address of property owner(s)of the petition site:
Dr. Trang Mai DDS
53717 Meadow Lake Court
Elkhart,IN 46514
(574) 514-2384
tmaidds @yahoo.corn
Name and address of additional property owners, if applicable:
•
4) Name and address of contingent purchaser(s), if applicable:
NM
Address
City, State Zip Code
Phone number with Area Code
E-Mail Address
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: SF2 Single Family Two Family District Additional zoning district, if applicable
To: OB Office Buffer District
6) This rezoning is requested to allow the following use(s): Dental office and parking
7) If applicable,a detailed description and the purpose of the variance(s)being requested:
#1 From the required 15'minimum front yard setback to 5'for an interior access drive and parking
#2 From the required 15'side residential bufferyard to 5'
#3 From the required foundation landscaping to existing landscaping
#4 From the required Type B perimeter landscaping along the alley none
8) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community: Allowing this variance will allow for the business to expand and keep from parking cars
on the city streets.
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: Removing the vacant house to add the parking lot for Dr. Mai will
increase the property values of the adjacent properties.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: Due to the size and odd shape of the lot, strict application would result in practical
difficulties.
9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be
submitted.
10) Attached,and made a part of this PETITION, is:
(a) a list of names and addresses of all property owners,and the tax key numbers for all properties within
300 feet of
the petition property;
(b)addressed,stamped envelopes for all property owners within 300 feet of the petition property.
CONTACT PERSON:
Leslie Green
58867 CR 105
Elkhart, IN 46517
(574) 320-4284
Signature(s)of all property owner(s),or signature of Attorney for all property owner(s):
Filed in C_gill Office
EiIE
CITYCLm :,;d J stHENt3,IN
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST
OF ARNOLD STREET FROM DONALD STREET TO THE FIRST EAST/WEST ALLEY
FOR A DISTANCE OF 455.95 FEET AND A WIDTH OF 14 FEET. THE SECOND
ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF EWING
AVENUE
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with
the authority to hear all petitions to vacate public ways or public places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
The first alley to be vacated is the first North/South alley West of Arnold Street from
Donald Street to the first East/West alley for a distance of 455.95 feet and a width of 14
feet. The second alley to be vacated is the first East/West alley North of Ewing Avenue
for a distance of 138 feet and a width of 14 feet. Both alleys being a part of Rum village
Park, City of South Bend, Portage Township, St. Joseph County, Indiana
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements
of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any
facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer,
surface water control structures and ditches, within the vacated right-of-way, unless such
rights are released by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected by
such vacating:
018-8072-2724
018-8072-2725
018-8072-2722
018-8072-2709
Section IV. The purpose of the vacation of the real property is to consolidate the
property due to the fact that the alley is not in use.
SECTION V. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Member of the Common Council
Attest
Streog tft*bt4 NI
oppor/u;tlty for pcb c haai n and
Council action on tit
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock . m.
Mayor, City of South Bend, Ins:iana
�i ffen 6i Ci rk's OfHcf
•
19 READING ( (-23 -k-3-1 t
PUBLIC HEARING IQ�
3rd READING
NOT APPROVED _-,.,E fN
REFERRED cm;t'1.::`t.:.ti0uHf6EPIi`s,iN
PASSED _ ..
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
ISTREETS/ALLEYS1
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S),PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
fi/es7/4 io Zr d IS 17k Asr noiq-,I/sodtl/a1 G)esyoiA,etha, s7
r • .,,, , J • • - '
�ttg o co ./ , / d
;v f 'cite- e F: /c .14•
• ' / d 1
B. THE STREET DESCRIBED AS:
NAME(signed& printed) ADDRESS LOT#
/ • , , 42/23 s. nmoz Sr els-RD7Z727Z5/
CONTACT PERSON (S)
NAME:
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS:
JOHN VOORDE,CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221 PHONE:
N ■
°°'t" l . :071.2703 - Petitioner: N
N 9901 1.2703 Gary W.Mason AllN E
2123 S.Arnold St. R ��..
South Bend, IN 46613
S
p^
DOOM St Alley is not used.
Surface is all grass. `.
_ . -o y 8$52 , a1,a 7r3s
4 *O ID ST A191:913- sT °
C
018-8072-2732
101 8 92 2s7b5 -o1.6.ji0�'!i2'AYf9 1120 DONALD ST = R
.2U0v=6Sg(t ST a11:), 5}�"f ? o
P1$ 9 '2 706 ®® 'F �r - O Ito 0
>1t1_ l 2109iA NrQ bcST 018 8072-2734 !a C
WEBSTER ST 2110 ARNOLD ST C Q
*t6{' 0,,72 2707 01‘86:7.11g21 W t
1y 0"s '` ,t hB 018-8072-2735 `` d
�2fi 211TAf3NALSfi 2112ARNOLDST / y 2
f6: 018-8072-2736 ' m
M le bt $�1`Jr'L2! 2 2118 ARNOLD ST m O1
■)'' A 2123,aRN' '8 `s-T -' Q .0
018-8072-2737
018-807272709 2122 ARNOLD ST C w,
O
WEBStER ST 018.8072 2724 w
2123 ARNOLD ST 018-8072-2739 O
w
m< y 2126 ARNOLD ST H Z
N v, • 018-8072.2725 e N
,b z d 2123 ARNOLD ST t3 - d
W 3 r
018-8072-2740 >,—
:S c v 018-8072.2726 '2206 ARNOLD ST
o o y 2205 ARNOLD ST Q
N'N W x
co w
ro5 m K 018-8072.2727 . 0 •-8072-2741 Z of
c5 su 2211-ARNOLD.ST 2210 RNOLD ST
0 3
018-8072-2728 018-8. 2-2742 en
2212 ARNOLD ST 2214AR. OLD ST y # �a-
ON r-
W W ` ,Yi'\, .c V C ZN(•1j
c to A N
0 `^a NC7 Na EQ E.Q . - �< - < �¢ m - C1+ �}
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k^ �p.w �^ 4ow °mW °mw m°W.; ib3 °W �++ ' ......
c' a_b^ s_5^ 05 ab' ^3 _fig ro' y3 = O m
7. (74 it'CC �� O' p.N b ° ° U0 co 1L
g a
Legend Ewing Ave
MN 125 ft.Area of Notfiw6onQ
t;t;; AIIeYs to be vacated 0 120 240
I Feet I .�, � ,
LEGAL DESCRIPTION:
The first alley to be vacated is the first North/South alley West of Arnold Street from Donald Project NO.
Street to the first East/West alley for a distance of 455S5 feet and a width of 14 feet. The
second alley to be vacated is the first East/West alley North of Ewing Avenue for a distance of Page No.
128 feet and a width of 14 feet. Both alleys being a part of Rum Village Park,City of South
Bend,Portage Township, St. Joseph County,Indiana.
Document Path: I:\Projects\Engineering\TonyWlleyVacationsWasonOnAmold.mxd Date
Date: 11/17/2015Time:4:53:54 PM User Name:dkuehn
•
Alley Vacation: Property Owners
C) - 018-8072-2706 71-08-14-377- JAKAB ISABEL 2934 E.Jefferson South Bend IN 46615
003.000-026 Blvd
O-" 018-8072-2725 71-08-14-377- MASON GARY 2123 Arnold St South Bend IN 46613
016.000-026 W&SUSAN A
C/O MASON
GARY W. &
SUSAN A.
018-8072-2729 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613
023.000-026 METHODIST Av
CHURCH
IMMANUEL
UNITED
METHODIST
I 018-8072-2730 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613
024.000-026 METHODIST Av
CHURCH
IMMANUEL
UNITED
METHODIST
I 018-8072-273 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613
025.000-026 METHODIST Av
CHURCH
IMMANUEL
UNITED
METHODIST
018-8072-2744 71-08-14-378- AITCHISON 1117 W Ewing South Bend IN 46613
023.000-026 FRANK W Av
018-8072-2743 71-08-14-378- AITCHISON 1117 W Ewing South Bend IN 46613
022.000-026 FRANK W Av
I 08072-2715 71-08-14-377- UNTIED 1211 W Ewing South Bend IN 46613
020.000-026 METHODIST Av
CHURCH
IMMANUEL
UNITED
METHODIST
I .._018-8072-2716 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613
-- 021.000-026 METHODIST Av
CHURCH
IMMANUEL
UNITED
METHODIST
018-8072-2717 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613
022.000-026 METHODIST Av
CHURCH
IMMANUEL
UNITED
METHODIST
Pat,1. of3
018-8072-2742 71-08-14-378- BALAZSI JOHN 2214 S Arnold St South Bend IN 46613
010.000-026 AND IDA
Der 018-8072-2714 71-08-14-377- NOWAK 2212 Wwbster St South Bend IN 46613
009.000-026 THOMAS F&
0DEBRA P
/2. 018-8072-2727 71-08-14-377- MARTINKOWS 2211 S Arnold St South Bend IN 46613
018.000-026 KI JAMES R
AND HELEN E
018-8072-2741 71-08-14-378- BURTON 2210 S Arnold St South Bend IN 46613
009.000-026 DARNELL L
If 0 AD 018-8072-2726 71-08-14-377- STEVENS 2205 Arnold South Bend IN 46613
017.000-026 DAVID C
018-8072-2740 71-08-14-378- OHARA TINA M 2206 Arnold South Bend IN 46613
008.000-026
018-8072-2739 71-08-14-378- GREEN DAWN 2126 Arnold St South Bend IN 46637
007.000-026 M
JZ —018-8072-2728
/a -018-8072-2724 71-08-14-377- MASON GARY 2123 Arnold St South Bend IN 46613
015.000-026 W&SUSAN A
C/O MASON
GARY W. &
�> SUSAN A.
. - 018-8072-2709 71-08-14-377- KUZBAY JANET 2126 Webster St South Bend IN 46613
006.000-026
018-8072-2737 71-08-14-378- VOLLMAN 52935 Emmons South Bend IN 46637
006.000-026 REBECCA Rd
0 • 018-8072-2708 71-08-14-377- DWORECKI 2114 Webster South Bend IN 46613
005.000-026 NAOMI I
dr a 018-8072-2722 71-08-14-377- MASON GARY 2123 Arnold St South Bend IN 46613
014.000-026 W&SUSAN A
C/O MASON
GARY W. &
SUSAN A.
018-8072-2736 71-08-14-378- PILLER MARY B 2118 S Arnold South Bend IN 46613
005.000-026 Street
0'^^018-8072-2720 71-08-14-377- WOELFER 2109 ARNOLD South Bend IN 46613
012.000-026 TODD ST
018-8072-2734 71-08-14-378- WOODS 2110 Arnold South Bend IN 46613
003.000-026 CHRISTOPHER
AND MURRAY
BRENDA
i— 018-8072-2707 71-08-14-377- DWORECKI 2114 Webster South Bend IN 46613
004.000-026 NAOMI I
C 018-8072-2721 71-08-14-377- LAPKIEWICZ 2113 S Arnold South Bend IN 46619
013.000-026 WILLIAM J AND Street
CHERE
018-8072-2735 71-08-14-378- PILLER MARY B 2118 S Arnold St South Bend IN 46613
004.000-026
Page 2 o1 3
a018-8072-2705 71-08-14-377- JAKAB ISABEL 2934 E.Jefferson South Bend IN 46615
002.000-026 DI
-r 018-8072-2719 71-08-14-377- HABITAT FOR c/o George Baker South Bend IN 46601
011.000-026 HUMANITY OF 402_ S te"
ST JOSEPH
COUNTY
04:- 71-08-14-377- YOUNGS 1228 W Donald St South Bend IN 46613
001.000-026 DARYL R&
DIANA L
F-018-8072-2718 71-08-14-377- HABITAT FOR c/o George Baker South Bend IN 46601
010.000-026 HUMANITY OF
ST JOSEPH
COUNTY
018-8072-2732 71-08-14-378- FRANKIEWICZ 1120 W South Bend IN 46613
001.000-026 RICKY J DONALD ST
018-8071-2703 71-08-14-376- STATE OF JOINT FORCES Indianapolis IN 46241
001.000-026 INDIANA HEADQUARTER
S
Page 3ol'3
et, 100 3 ` (1-
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING SECTION 13-96 OF ARTICLE 10, CHAPTER 13 OFFENSES AND
MISCELLANEOUS PROVISIONS AND AMENDING SECTION 2-213 OF CHAPTER 2
ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS OF THE
SOUTH BEND MUNICIPAL CODE
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council, in collaboration with the City Administration,believe that the limited
technical amendments set forth in this ordinance are in the best interests of the City of South Bend. The
amendments clarify the penalty provisions so that they are all consistent and compliant with Indiana law.
/! l.•'//J!(%/!J%//N l9/%/j% Y„'!/II Xwll cJ/]II((no, (AJ
Section I. Section 13-96 of Article 10 of Chapter 13 addressing "Offenses and Miscellaneous
Provisions"of the South Bend Municipal Code is amended to read in its entirety as follows:
Sec. 13-96 Penalties -.- : . - - -
(a) Any person intentionally displaying a firearm in violation of this Article, or found to be in
violation of Section 2-141(b)(4), or Section 13-58, or Section 19-44 of this Code, shall be issued an
ordinance violation citation with a fine of up-te two thousand five hundred dollars ($2,500.00). €nes fer
• - = • - . Citations shall contain the date, time, name, and address of the violator, the
Code section violated, the nature of the violation, location of the violation, and the name of the person
issuing the citation. The citation shall have instructions thereon as to the disposition of the citation.
Section II. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is amended
in part as follows by the addition of the following language to the chart in appropriate numerical order:
2-141(b)(4) Discharging Firearms in Cemeteries
$2,500.001
'South Bend Municipal Code§2-141 (b)(4)exempts the discharging of firearms at"military funerals and memorial
celebrations".
Clarification of Penalty Provisions Ordinance
Page 2
13-58 Discharging Firearms Prohibited $2,500.002
13-96 Firearms at Public Meetings $2,500.00
19-44 Discharging Firearms in Parks
$2,500.003
Section III. If any part, subsection, section, paragraph, sub-paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by
a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance.
Section IV. This ordinance shall be in MI force and effect from and after its passage by the
Common Council, approval by the Mayor, and legal publication.
gibp%
Tim Scott, ""b tnct Council Member
South Bend Common Council
Karen L. White, Council Member at Large
South Bend Common Council
Derek D. Dieter, Council Member at Large
_ South Bend Common Council
i/ro%
John Voorde, City Clerk
ern r2tler/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . m.
Janice Talboom, Deputy Clerk
2 South Bend Municipal Code§ 13-58(b)exempts"any legally appointed officer in the discharge of his duty".
3lndiana Code§ 35-47-2 set forth the State of Indiana regulations to carry a handgun.
•
Clarification of Penalty Provisions Ordinance
Page 3
rvrrcdaim/dir r/by me on the_day of ,2015, at___o'clock .m.
Pete Buttigieg,Mayor
City of South Bend, Indiana
IM-li4d f ; t' x1'1. 1
1st READING
t 4-L3-t3� 1 is 2015
PUBLIC HEARING _
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The South Bend Common Council
227 West Jefferson Boulevard,Room 441
Downtown South Bend,Indiana 46601
574.235.9321 574.235.5567 TDD
November 18, 2015
The South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Clarification of Penalty Provisions
Dear Council Members:
The attached ordinance would clarify the penalty provisions for exciting provisions of the South
Bend Municipal Code. More specifically:
• Section 2-141(b)(4)has banned the discharge of firearms in public cemeteries since the passage
of Ordinance No. 7108-82 in 1982, with the only limited exceptions being at military funerals
and memorial celebrations.
• Section 13-58 addressing the "discharging firearms prohibited" has been on the books since
1962, originally codified as Section 26-10.
• Section 13-96 addressing the penalty for having a firearm at a public meeting was passed on
June 27, 2011 as part of Ordinance No. 10098-11.
• Section 19-44 addressing the banning of firearms in public parks has been on the books since
July 9, 1973 when Ordinance No. 5544-73 was passed and then codified into the then City
Code as Section 4-50.
We have worked with the City Administration, as well as our former and new Police Chief on this
needed clarification which we all believe is in the best interest of the City of South Bend.All fines
for violation of the above-listed sections of the South Bend Municipal Code would be the same,
with a detailed listing being set forth in Section II of the attached ordinance.
Clarification of Penalty Provision Ordinance Cover Letter
Page 2
The penalty clarification provisions in no way affect the Indiana state law provisions addressing
regulations on the carrying of handguns, which continue in full force and effect. us
We request that this Bill be referred to the Council's Health and Public Safety Committee, and be
set for public hearing at the December l4`h Council meeting. Thank you.
Most sincerely,
Tim Scott, Council President
I si District Council Member
Karen L. White, Council Member at Large
Vice-Chairperson of the Health and Public Safety Committee
Derek D. Dieter, Council Member at Large
Chairperson of the Health and Public Safety Committee
Attachment
cc: Office of the City Clerk
Police Chief Scott Ruszkowski
Stephanie Steele, Assistant City Attorney
Cristal Brisco, Corporation Counsel
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CITY C( r; .,s :.!?_t :; , itt
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BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 2,ARTICLE 8,BY THE ADDITION OF NEW
SECTION 2-125.2 ENTITLED POST CITY EMPLOYMENT RESTRICTIONS
STATEMENT OF PURPOSE AND INTENT
This year the City Administration issued an Employee Handbook 2015 which sets forth various
"Separation Procedures" on pages 50-51. Additionally, the Mayor issued Executive Order 1-2014
which amends his Executive Order 1-2012 addressing the"City of South Bend Ethics Code".
In reviewing these documents,there appears to be limited policies regarding post-employment
restrictions. It is acknowledged that in the Executive Order 1-2014, under "Conflicts of Interest",
paragraph 8 notes that a "...former appointee, employee, or official shall not disclose or materially
benefit from confidential information..."
It is also acknowledged that Indiana Code§35-44-1-3 sets forth conflict of interest regulations
for all public servants. It is further noted that all local governments are required to comply with Indiana
Code § 36-1-20.2 addressing mandatory nepotism requirements which took effect on July I, 2012.
In the interest of further elevating the professional standards for all individuals who work for
the City of South Bend city government, it is believed that additional regulations should be set forth
addressing post-employment restrictions.
The Indiana Office of the Inspector General has posted changes affecting state employees
which became effective on July 1,2015. It is believed that similar regulations restricting employment
one(1) year from leaving city employment should be in effect in the City of South Bend, Indiana.
91 2 r0,r, S i/oir%iiiidby the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 2, Article 8 of the South Bend Municipal Code is amended by the addition of
new Section 2-125.2, which shall read in its entirety as follows:
Sec.2-125.2 Post City Employment Restrictions.
(a) Effective Janu 1 2016 an erson who works for the Ci of South Bend Indiana
ci •overnment as an a. .ointee em.to ee or official u•on se.aration from em.lo ent with the ci
government ma not acc-.t em ent or receive com.ensation with an em.lo er if said former
appointee em.lo ee or official was en.a'ed in the administration or negotiation of an contract or
a u eement on behalf of ci •overnment until there has been the ela se of at least three hundred six -
five 365 da s after the date on which the former appointee em,lo ee or official ceases to be
employed by the City of South Bend.
Post City Employment Restrictions Ordinance—page 2
(b) In the event that the City of South Bend city government establishes a formal Ethics
Commission by proper ordinance,then in such event a waiver of the restrictions set forth in paragraph
(a) of this section may be considered by such a commission. Such consideration shall include but not
be limited to requiring the submission of a proper waiver application to such a commission, and may
only be granted if determined by a majority of the conunission members that a waiver would be
consistent with the public interest and is considered on a case by case basis. Such action by such a
commission shall be subject to the provisions of Indiana's Open Door Law and the Indiana Access to
Public Records Act.
Section II. If any part, subsection, sentence,clause or phrase of this ordinance is for any reason
declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction,such decision
shall not affect the validity of the remaining portions of this ordinance.
Section III. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor and legal public .
.
• s,Jr.,2"d District Council Member
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Office of the City Clerk
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Pete Buttigieg
Mayor of the City of South Bend, Indiana
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inspector ueneral: Post-Employment Restrictions
Page 1 of 3
Indiana Office of Inspector General
Post-Employment Restrictions
Summary of the Rule
Do not go to work for a company that did work for you as a state employee.
Noteworthy Changes - Effective July 1, 2015
Clients and customers of sole proprietorships and professional practices are now considered
employers. If you participated in a contract with an employer that ended more than two years ago
you may be exempt from the required one-year waiting period. AL is are subject to the one-year
waiting period. Post-employment waivers have additional new criteria, are reviewed by the State
Ethics Commission, and are posted on the OIG website.
Examples of the Rule
• You are an employee of the Family & Social Services Administration (FSSA) and would like to
leave your state employment to work for a vendor that has a contract with FSSA. While you
did not negotiate the contract, you were personally responsible for arranging meetings and
performing research related to the contract. If you leave your state employment to work for
the vendor, you cannot work on the contract the vendor has with FSSA.
• You work for the Utility Regulatory Commission making regulatory decisions concerning a
public utility company. You may not work for this utility company for a year.
• You work for FSSA and have decided to start a family automotive parts business with your
son. You may commence such employment immediately upon leaving your employment with
the state.
• You work as a local office director for DCS. You resign to start your own consulting firm. A
service provider whose contract with DCS you helped administer three months ago wants to
hire you for a project. You cannot consult for this service provider for a year.
• You are a Deputy Commissioner at the Indiana Department of Transportation (INDOT). You
participate in deciding which engineering firms should be awarded contracts. You resign from
INDOT. You may not work at any of these firms for a year unless the contracts you awarded
were completed at least two years ago.
• You are a caseworker for FSSA. You help clients receive job training and welfare benefits from
the state. You resign from FSSA and become an attorney. One of your former clients comes
to you for advice because their new caseworker lowered their welfare benefits. You may not
assist the person in that matter.
Past Advisory Opinions on the Rule
• All Opinions on the Post-Employment Rule
The Rule: 42 IAC 1-5-14 Post-Employment Restrictions
a. As used in this section, "particular matter" means any of the following:
1. an application;
2. a business transaction;
3. a claim;
4. a contract;
5. a determination;
6. an enforcement proceeding;
7, an investigation;
8. a judicial proceeding;
http://www.in.gov/ig/2340.htm
11/13/2015
inspector tieneral: Post-Employment Restrictions
Page 2 of 3
9. a lawsuit;
10. a license;
11. an economic development project; or
12. a public works project.
The term does not include the proposal or consideration of a legislative matter or the
proposal, consideration, adoption, or implementation of a rule or an administrative
policy or practice of general application.
b. A former state officer, employee, or special state appointee may not accept employment or
receive compensation:
1. as a lobbyist;
2. from an employer if the former state officer, employee, or special state appointee was:
A. engaged in the negotiation or the administration of one (1) or more contracts
with that employer on behalf of the state or an agency; and
B. in a position to make a discretionary decision affecting the:
i. outcome of the negotiation; or
ii. nature of the administration; or
3. from an employer if the former state officer, employee, or special state appointee made
a regulatory or licensing decision that directly applied to the employer or to a parent or
subsidiary of the employer; before the elapse of at least three hundred sixty-five (365)
days after the date on which the former state officer, employee, or special state
appointee ceases to be a state officer, employee, or special state appointee.
c. A former state officer, employee, or special state appointee may not represent or assist a
person in a particular matter involving the state if the former state officer, employee, or
special state appointee personally and substantially participated in the matter as a state
officer, employee, or special state appointee, even if the former state officer, employee, or
special state appointee receives no compensation for the representation or assistance.
d. A former state officer, employee, or special state appointee may not accept employment or
compensation from an employer if the circumstances surrounding the employment or
compensation would lead a reasonable person to believe that:
1. employment; or
2. compensation;
is given or had been offered for the purpose of influencing the former state officer,
employee, or special state appointee in the performance of the-individual's duties or
responsibilities while a state officer, an employee, or a special state appointee.
e. A written advisory opinion issued by the commission certifying that:
1. employment of;
2. consultation by;
3. representation by; or
4. assistance from;
the former state officer, employee, or special state appointee does not violate this
section is conclusive proof that a former state officer, employee, or special state
appointee violation
f. Subsection (b) does not applyto the following:
1. a special state appointee who serves only as a member of an advisory body.
2. A former state officer, employee, or special state appointee who has:
A. not negotiated or administered any contracts with that employer in the two (2) years before the
beginning of employment or consulting negotiations with that employer; and
B. any contract that:
i. the former state officer, employee, or special state appointee may have negotiated or
administered before the two (2) years preceding the beginning of employment or consulting
negotiations: and
ii. is no longer active.
g. An employee's or a special state appointee's state officer or appointing authority may waive
application of subsection (b) or (c) in individual cases when consistent with the public interest. A
waiver must satisfy all of the following:
1. The waiver must be signed by an employee's or special state appointee's:
http://www.in.gov/ig/2340.htm
11/13/2015
Inspector General: Post-Employment Restrictions
Page 3 of 3
A. State Officer or appointing authority authorizing the waiver, and
B. Agency ethics officer attesting to form.
2. The waiver must include the following information:
A. Whether the employee's prior job duties involved substantial decision-making authority over
policies, rules, or contracts.
B. The nature of the duties to be performed by the employee for the prospective employer.
C. Whether the prospective employment is likely to involve substantial contact with the employee's
former agency and the extent to which any such contact is likely to involve matters where the
agency has the discretion to make decisions based on the work product of the employee.
D. Whether the prospective employment may be beneficial to the state or the public, specifically
stating how the intended employment is consistent with the public interest.
E. The extent of economic hardship to the employee if the request for a waiver is denied.
3. The waiver must be filed with and presented to the commission by the state officer or appointing
authority authorizing the waiver.
4. The waiver must be limited to an employee or special state appointee who obtains the waiver
before engaging in the conduct that would give rise to a violation of subsection (b) or (c).
The commission may conduct an administrative review of a waiver and approve a waiver only if the
commission is satisfied that the information provided under subdivision (2) is specifically and
satisfactorily articulated. The inspector general may adopt rules under IC 4-22-2 to establish
criteria for post employment waivers.
h. Subsection (b) applies, subject to waiver under subsection (g), to a former state officer,
employee, or special state appointee who:
1. Made decisions as an administrative law judge; or
2. Presided over information gathering or order drafting proceedings; that directly applied to the
employer or to a parent or subsidiary of the employer in a material manner.
i. A former state officer, employee, or special state appointee who forms a sole proprietorship or a
professional practice and engages in a business relationship with an entity that would otherwise
violate this section must file a disclosure statement with the commission not later than one hundred
eighty (180) days after separation from state service. The disclosure must:
1. be signed by the former state officer, employee, or special state appointee;
2. certify that the former state officer, employee, or special state appointee is not an employee of
the entity; and
3. state in detail the treatment of taxes, insurance, and any other benefits between the entity and
the former state officer, employee, or state appointee.
J. The inspector general may not seek a state elected office before the elapse of at least three
hundred sixty-five (365) days after leaving the inspector general position.
http://www.in.gov/ig/2340.htm
11/13/2015
fi oc�w l,.
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_,
Common Council
City of South Bend Indiana
Henry Davis,Jr.,2nd District Council Member
4th Floor County-City Building
227 West Jefferson Boulevard
South Bend,Indiana 46601
(574)235-5983 (574)235-9173 Facsimile
(574)235-5567 TTY/TDD
November 16, 2015
The South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601 Re: Post City Employment Restrictions
Dear Council Members:
The attached proposed ordinance would elevate the transparency and professional standards for
the City of South Bend.More specifically,it calls for a one(1)year prohibition for any"appointee,
employee or official"[same terminology used in Mayor's Executive Order]who works for city government
from working for an employer which he or she had been engaged in the administration or
negotiation of any contract or agreement on behalf of city government during his/her service with
the city. It also provides for a waiver of some or all of this 1-year prohibition,if the City establishes
a formal Ethics Commission who would review such requests on a case by case basis in public:
Currently under the Mayor's Executive Order on ethics,he has given authority to the Corporation
Counsel to waive provisions of that Order, however the Executive Orders and current personnel
policies are silent with regard to the proposed 1-year employment ban.
As you are aware, state employees have a 1-year ban similar to the one I am proposing. I have
attached a copy of the Indiana Office of the Inspector General's "Post-Employment Restrictions".
For comparison purposes, I am also attaching copies of summaries of policies in place in New
York, Chicago and the federal government.
I look forward to discussing this with you at a Personnel and Finance Committee meeting. Thank
you.
Most i er:1y,
j-n • avis,Jr.
2 d District Council Member
Attachments
our Basic Rules For
Leaving City Service
I) JOB HUNTING:
Don't negotiate for a job with any company you are currently involved with as
part of your City duties. Even scheduling an interview would violate this rule.
2)REVOLVING DOOR:
You must wait a year to reappear before your former City agency on behalf of your
new employer. This includes calling, writing or e-mailing as well as personal visits.
3) LIFETIME BAR:
If you have worked for the City on a particular matter, such as a contract, investiga-
tion, audit or lawsuit, you can never work on that same particular matter again for
your new private employer, even after a year.
4) CONFIDENTIAL INFORMATION:
The City's confidential information is still confidential after you leave, so be sure
not to share anything confidential with your new employer.
MORE QUESTIONS?
WHEN IN DOUBT, CHECK IT OUT! FREE LEGAL ADVICE FROM COIB.
There are plenty of additional topics not covered here that might be relevant to your personal situation, such as:
N.I.--- the government-to-government exception, individual waiver, and ministerial or social appearances.
Our attorneys will be happy to walk you through all the details you need to know.
Call the New York City Conflicts of Interest Board at(212)442-1400 for free legal advice on any question you
may have about how these rules impact on your personal situation.
All questions are confidential, and you may contact the Board anonymously.
elty or Ltncago :: Post Employment Restrictions
Page 1 of 2
Post Employment RestrictionsEnosh Espanol 1 mst 1 Poiski 1
Every government ethics law has post-employment or"revolving door'restrictions,designed to prevent former
government officials and employees from improperly profiting from their government ties or°inside"knowledge. After
you leave your City employment or service(whether voluntarily,Involuntarily or by retirement),there may be certain
activities,matters or projects with or before the City on which you cannot work. These prohibitions may last for 1 or 2
years,or perhaps longer. The restrictions are in the City's Governmental Ethics Ordinance,and some recent
amendments are effective July 1,2013. This brief guide explains how Chicago's restrictions work.
ETHICS PLEDGE: Department heads,non-clerical Mayoral employees,and appointees,and other Executive
Branch Shakman-exempt employees must,within 2 weeks of being hired or appointed,sign an ethics pledge
acknowledging that they will abide by these lobbying restrictions.
PROHIBITIONS
There are 6 key prohibitions. They BEGIN After you leave your City employment or service,not when you move from
one city position to another.
1. First,department heads and non-clerical employees of the Mayor's Office may not,for two years after
leaving City service,lobby'any City department,employee or official.After January 1,2014,aldermen will be
prohibited from lobbying any City department,employee or official for a period of one year after leaving office.
2. Second,other former Shakman-exempt City employees from the Executive Branch",and Mayoral appointees to
City boards or commissions,may not,for two years after leaving City service,lobby the City department,
agency or commission in which they served,or any City employee or official in a department,agency or
commission in which they served.
3. Third,for 1 year after a City employee or official leaves City service or employment,he or she may not assist
(even"behind the scenes"),represent or lobby for any person,like a new employer or client,on a business
transaction that involves the City if,while in City service,he or she was personally and substantially involved in the
"subject matter"of that transaction. What is the'subject matter'of work that a new employer or client has asked
someone to work on?That's often a fact-dependent,complex question. A City employee or official exploring a job
offer with a person or company that deals with City government should contact Board legal staff to discuss how
this restriction applies.
4. Fourth,if a former City employee or official exercised'contract management authority°with respect to a City
contract,he or she may not assist any person(like a new employer or new client)on that contract.This restriction
is"permanent"—in other words,for the life of that contract."Contract management authority°means being
personally involved in or having direct supervisory responsibility for the formation or performance of a City
contract.It includes preparing contract specifications,evaluating bids or proposals,negotiating contract terms,
supervising contract performance,or approving payment vouchers.
5. Fifth,a former City employee or official cannot assist or represent any person other than the City(like a new
employer or new client)in any judicial or quasi-judicial proceeding involving the City if he or she was counsel of
record or personally and substantially involved in that proceeding during City service. This bar lasts throughout
the proceeding.
6. Sixth,a former City employee or official may not ever disclose information acquired in the course of City service,if
that information is not available to the public.
Last,there's a prohibition that applies to current City officials and employees. A City employee or official cannot
negotiate possible future employment with any person(except another government entity)with a matter pending
before him or her.
`Lobby"means to act on behalf of another person,like an employer or client,to influence any City action,like a
contract,tax increment financing matter,real estate development,zoning permit,official endorsement or
recommendation,or an Ordinance change or other City Council matter.
" This does not apply to City Council employees.
4 NOTES
1. First,there is a GOVERNMENT TO GOVERNMENT EXCEPTION:these restrictions do not apply to former City
official employees or officials who become employed by and act on behalf of another government agency.
2. Second,these restrictions do NOT prohibit former City employees or officials from accepting employment with any
specific person,organization or firm after leaving City employment. Rather,they're matter-based:there may be
certain projects or matters on which the former City employee or official may not work.
3. Third,they're personal to the former employee or official:any restrictions apply to the former employee or official,
personally.One's new employer or client is not prohibited from having City transactions or contracts on which one
personally is prohibited from working. But,there must be a proper"ethical screen'established so that they the
former City official or employee does not assist,represent or lobby for the new employers or clients on those
matters.
4. Fourth,the Board recognizes a"trade-skill exception":the Ordinance's goals are not furthered by prohibiting
former City employees from performing trade skills they've developed and acquired,where no specialized
knowledge City-specific ti regulations
Board falls this exception sa determination that must be made by the of Ethics based on the specific facts.
PENALTIES
There are severe penalties for violating these post-employment provisions. Any contract negotiated,entered into or
performed in violation of restrictions can be voided by the City. Violators can be fined up to$2,000 per offense.
Permits,licenses,rulings,determinations or other official City actions sought,obtained or begun in violation of the
https://www-cityofchicago.org/city/en/depts/ethics/supp_info/post-employ-rest.html 11/13/2015
City of Chicago :: Post Employment Restrictions
Page 2 of 2
Ordinance are invalid.The City may pursue all legal or equitable remedies against a violator in court(including suing
for the violator to give up or"disgorge°all monies earned as a result of a violation).
QUESTIONS?-This brief plain-English guide is intended to help readers develop a basic understanding of Chicago's
revolving door restrictions.For authoritative confidential guidance in any particular situation,we recommend consulting
with the Board of Ethics. We're at 312.744.9660;our email is sbedin @cityofchicago.org
•
https://www.cityofchicago.org/city/en/depts/ethics/supp_info/post-employ-rest.html 11/13/2015
v.o. Juice or uoverrtment Ethics -After Leaving Government Page 1 of 2
UNITED STATES OFFICE OF
GOVERNMENT ETHICS
*
Preventing Conflicts of Interest
in the Executive Branch
After Leaving Government
An executive branch employee may be affected by conflict of interest restrictions after leaving Government service
(or after leaving certain high-level positions).As highlighted in the bullet points below, there are several legal
authorities that address post-Government employment, and certain authorities contain more than one restriction. A
particular former employee can be affected by more than one post-Government restriction.
Caveat The bullet points are not comprehensive. Ethics officials and others should consult the legal authorities,
regulatory guidance, and relevant legal opinions. In general, former executive branch employees should seek advice
from the Designated Agency Ethics Official or another ethics official at the agency in which the individual formerly
served.
Restrictions on Contacts with the Government on Behalf of Others
• • A former employee may be prohibited from having contact with an employee of any Federal agency or court,
on behalf of another person or entity, concerning an official matter with which the former employee was
involved as a Government employee. 18 U.S.C. §207.
• A former high-level employee or former political appointee may be prohibited from having contact with an
employee of his or her former Federal agency (and perhaps certain officials at other agencies), on behalf of
another person or entity, concerning any official matter. 18 U.S.C. §207; Executive Order 13490 (the Ethics
Pledge).
• A former political appointee may be prohibited from lobbying a Government official on behalf of a client for
whom he is registered as a lobbyist. Executive Order 13490(the Ethics Pledge).
Restrictions on Providing Assistance to Others
• A former employee may be prohibited from providing certain assistance to another person or entity
concerning an ongoing trade or treaty negotiation (even though the assistance does not involve contact with
a Government employee). 18 U.S.C. §207.
• A former high-level employee may be prohibited from providing certain assistance to a foreign government
or foreign political party (even though the assistance does not involve contact with a Government
employee). 18 U.S.C. §207.
Restrictions on Accepting Compensation or Employment
• A former employee may be prohibited from sharing in profits earned by others if the money was earned from
having contact with the Government on behalf of third parties (e.g., clients)while the former employee was
still in Government. 18 U.S.C. §203.
• A former employee may be prohibited from accepting compensation from a contractor if the former
http://www.oge.gov/Topics/Post-Government-Employment/After-Leaving-Government/ 11/13/2015
U.J. Grime or vovernment tunes -After Leaving Government Page 2 of 2
employee served in a Government position or made a Government decision involving more than
$10,000,000 given to that contractor.41 U.S.C. §2104 (formerly 41 U.S.C. §423).
• A retired member of the uniformed services may not accept employment(or compensation for that
employment)from a foreign government unless he or she first obtains approval from the Department of
State. The Emoluments Clause of the U.S. Constitution.
Other Restrictions
A former executive branch employee may be subject to additional restrictions imposed by agency-specific laws.Also,
every former employee must ensure that his or her post-Government activities are in compliance with other
requirements that may apply without regard to the individual's employment by the Government. For example, if a
former employee will serve as the agent of a foreign principal,the individual must comply with the Foreign Agents
Registration Act.
The information on this page is not a substitute for individual advice. Agency ethics officials should be consulted
about specific situations.
U.S. Office of Government Ethics 1201 New York Avenue, NW. Suite 500 Washington, DC 20005
http://www.oge.gov/Topics/Post-Govermnent-Employment/After-Leaving-Government/ 11/13/2015
� (, (
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,
AMENDING OF CHAPTER 6,ARTICLE 4, SECTION 6-10 (d)(2) OF THE SOUTH
BEND MUNICIPAL CODEADDRESSING PLUMBING EXCAVATOR FEES
CHARGED BY THE BUILDING DEPARTMENT
STATEMENT OF PURPOSE AND INTENT
Recently, on October 26, 2015, the South Bend Common Council enacted Ordinance No.
10394-15 (Bill No. 67-15)which adjusted various permit and contractor registration fees charged by
the consolidated Building Department of the City of South Bend and St.Joseph County. This was
done to assure that revenue from fees and services collected by the Building Department is adequate
for effective operation.
It has been brought to the Council's attention that fees for registration of excavators, as
defined in the South Bend Municipal Code, Chapter 6,Article 4, Section 6-10(d)(1)b, were not
increased to $125.00,unlike the fees for other contractors,and that this omission was unintentional.
Adjustment of the excavator registration fees from one hundred dollars ($100.00) to one hundred
twenty-five dollars ($125.00) is necessary to correct this oversight and assure that all contractors are
treated equally.
Adjustment of the fees as provided in this ordinance is in the best fiscal interest 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 6,Article 4, Section 6-10 (d)(2) b of the South Bend Municipal Code shall
be amended to read as follows:
(d) Registration and permits for plumbing services.
(2) Registration required:
a. All persons performing plumbing services within the City shall be a Plumbing
contractor and shall register with the Department;provided,however, that the
owner-occupant of a dwelling shall not be required to register when he or she is
installing altering or repairing the plumbing of that dwelling.
b. Registration shall be on forms provided by the Department and shall be
accompanied by payment of a registration fee,as follows:
Plumbing contractors $125.00
Excavators (as defined in Ssection 6-10(d)(1)b_). 480:00 125.00
Sewer cleaners .... 125.00
c. Registrations shall be for a term of one(1) year beginning from the date of
issuance.
d. Lawn sprinkler contractors,water softener contractors, and fire protection
sprinkler contractors shall comply with Article 11, Building Contractor
Licensing Requirements.
Section II. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, and any publication
required by law.
Member of the Common Council
Attest: Vdpi tst ipoif 7U t v i pG h4f r Qt t
{ y{ltia "
coma rAtanorg Leis 114a
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
, 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of ,2 ,at
o'clock . m.
Mayor, City of South Bend, 1
i st READING I. <`L3'� �vt Eq Officel
PUBLIC HEARING 1
3rd READING s:C.1 1 i3 2015
'OT APPROVED V
3
-:ERRED
i,ASSED, CITY CLEft:., uu.l t.ri!3Et4D,IM
GMµissio��R ST.JOSEPH COUNTY/SOUTH BEND 90Y1T88
;e.e ,x ' mss,_ BUILDING DEPARTMENT �Nliiiii10,10=.
i' Qa I 125 S. LAFAYETTE BIRD. F,\� /4,
-1t�a, 1t= SUITE 100 . v \\\\ �% C
./ k, �`• n: SOUTH BEND, IN 46601 _ AV��- �k
o ' gel (574) 235-9554 `=`4 r%
Pax 574-235-5541 "M
...;; 1865 ....:.••'.
JAMES D.MARKLE,R.A. CHARLES C.BULOT MARK A.LYONS
Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator
November 17, 2015
The Honorable Tim Scott
South Bend Common Council
455 County-City Building
South Bend, IN 46601
Re: Intent of filing for an Amendment to Chapter 6, Article 4 of the
South Bend Municipal Code
Dear Mr. Scott:
On October 26, 2015, the South Bend Common Council enacted Ordinance No. 10394-15 (Bill
No. 67-15) which adjusted various permit and contractor registration fees charged by the
consolidated Building Department of the City of South Bend and St. Joseph County.
It has been brought to my attention that an unintentional error regarding the registration fee for
Excavators now exists. An adjustment of the excavator registration fees from one hundred
dollars ($100.00)to one hundred twenty-five dollars ($125.00) is necessary to correct this
oversight and assure that all contractors are treated equally.
Either my assistant, Ayoka Paek, or I will present these changes at the next available scheduled
Common Council meeting. Feel free to contact me if you have any questions.
Sincerely,
Charles C. Bulot, C.B.O., F.M.
Building Commissioner
:OV 18 2015
Or/CO
- [Lb ( !do , 1S---1. 11
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
(Ordinances #10331-14 passed on October 27, 2014 and#10323-14 passed on October
13, 2014)which necessitate the increase and reduction of appropriations within the
various departments of the General Fund and other funds of the City of South Bend
during 2015.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction of appropriation in the
designated sums.
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Nt
lb
Member' a • 'ommon Council
Attest:
an
gong of thin b 1 ie only is Ptobide
City Clerk oppo tt uy for p'u"`ia wring and
Council action on phis Isww3, _..-
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of ,2015, at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of 2015 at
o'clock . m.
Mayor, City of South Be d, 1ft4ianfl P-F U IC[
14 READING (Vyt 3-
PUBLIC HEARING q
3rd READING x(�� ` '�- �
S 4! I
407 APPROVED
=ERRED l
PASSED
. 1
City of South Bend,Indiana
December 2015 Budget Transfers
(budget transfers between expenditure categories or departments within the same fund)
I November 13,2015
i
Budget •
Department Officer/ Account I Project Increase/
Costa
Fund Name Name Account Name Contact Name Number Number Decrease Justification
General Fund City Clerk OtfCial.Records Kareemah Fowler 101-0201-411-21-01 _ (500),To transfer unused funds to cover shortage in advertising of City Ordinances and Resolutions
General Fund City Clerk Law Books Kareemah Fowler 101-0201-411-21-05 (500)To transfer unused funds to cover shortage in advertising of City Ordinances and Resolutions
General Fund City Clerk Legal Publications Kareemah Fowler 101-0201-411-33-02 1,000 To transfer unused funds to cover shortage in advertising of City Ordinances and Resolutions
0
General Fund City Clerk Office Equipment Capital Kareemah Fowler 101-0201-411-43-03 (13,4001_To transfer funds to cover lower cost copier and professional services
General Fund City Clerk Other Office Equipment Kareemah Fowler 101-0201-411-22-60 5,848 Copier budgeted as capital but purchased for less than$10,000
General Fund City Clerk Professional Services Kareemah Fowler 101-0201-411-31-06 7,552 To transfer unused copier funds to cover professional services
0
General Fund Common Council Health Insurance Kareemah Fowler 101-0301-411-11-08 (14,000)To transfer unspent funds to cover potential professional service costs
General Fund Common Council Professional Services Kareemah Fowler 101-0301-411-31-06 14,500 To budget for potential professional service costs
General Fund Common Council Office Equipment Kareemah Fowler 101-0301-411-21-16 4,000 To budget for small office equipment purchases
General Fund Common Council Meeting Expenses Kareemah Fowler 101-0301-411-39-71 0,000)To transfe r unspent funds to cover office equipment
General Fund Common Council Promotional Kareemah Fowler,101-0301-411-33-03 (3500)To transfer unspent funds to cover office equipment and professional services
0
General Fund AdmliFlnance Salaries Jen Hockenhull 101-0401-415-10-01 (14645)To use unspent funds to cover below
General Fund Mayors Office Salaries Jen Hockenhull 101-0101-413-10-01 _ 12,930 Full staffing all year,unable toabsorb 3%cut to 2015 budget based on expected vacancies
General Fund Mayors Office FICA Jen Hockenhull 101-0101-413-11-01 1,120 Full staffing all year,unable to absorb 3%cut to 2015 budget based on expected vacancies
General Fund Mayors Office PERF Jen Hockenhull 101-0101413-11-04 595 Full staffing all year,unable to absorb 3%cut to 2015 budget based on expelled vacancies
14,645
•
General Fund Engineering Small Office Equipment Cecil Eastman 101-0602431-2145 23,200 New office furniture
General Fund Engineering Regular Salaries Cecil Eastman 101-0602-431-10-01 (15,000)To use unspent funds to cover new office furniture .
General Fund Engineering Seasonal 8 Interns Cad!Eastman 101-0602431-10403 (2,000)To use unspent funds to cover new office furniture
General Fund Engineering Permanent Pert Time Cecil Eastman 101-0602431-1049 (2,000)To use unspent funds to cover new office furniture
General Fund Engineering FICA Cecil Eastman 101-0602-431-11401 (1,000)To use unspent funds to cover new office furniture
General Fund Engineering PERF Cecil Eastman 101-0602431-11 44 • (1,000)To use unspent funds to cover new office furniture
General Fund Engineering Parking Allowance Cecil Eastman 101-0602431-1122 (2,200)To use unspent funds to cover new office furniture
0
•
General Fund Police Group Insurance Ken Glowacki 101-0801421-11407 • (50,000)To transfer saving in health insurance to cover legal expenses
General Fund Police Legal Service Ken Glowacki 101-0801421-3101 50,000 To transfer saving in health insurance to cover legal expenses •
•
0
COIT Police Operating Supplies-CS Gas Ken Glowacki 404-0801421-22101 (100,000)Transfer savings in gas to partially cover ere cost of 2015 Professional Services
COrr Police Other Professional Services Ken Glowacki 404-0801421-31+06 100,000 Transfer savings in gas to partially cover the cost of 2015 Professional Services
0
Police Grants Police Other Operating Supplies Ken Glowackl 292-8630421-2224 1.000 Transfer savings in Misc.Charges 8 Services to cover purchases in Other Operating Supplies
Police Grants Police Misc.Charges 8 Services Ken Glowacki _2925830421-39'.89 0,006)Transfer savings in Misc.Charges 8 Services to cover purchases in Other Operating Supplies
0
Police Academy . Police Misc.Charges 8 Services _ Ken GloweckJ 294.0501421-3949 600 Transfer savings In the 8101 account to cover spending the in 0801 account
Police Academy Police Misc.Charges 8 Services Ken Glowacki 294-8101421-3949 (600)Transfer savings In the 8101 account to cover spending the in 0801 account
. 1 0
—
General Fund Human Rights Regular Salaries ` Jen Hockenhull 101-1003415-1041 5,000 Full staffing all year,unable to absorb 3%cut to 2015 budget based on expected vacancies
General Fund Human Rights Part Tune Wages Jen Hockenhull 101-1008415-10409 4,000 More part time hours worked due to case load
General Fund Admin/Flnance Regular5alades Jen Hockenhull 101-0401-4154041 L 000)Staffing vacancies during the year and actual salaries paid less than maximum for positions
0
I
General Fund Admi nance Other Office Supplies Jen Hockenhull 101-0401415-21104 2,600 Reconfiguration of the mail room area and set up of new amounts payable file room shelving
General Fund AdminiFinance Regular Wages Jen Hockenhull 101-0401415.10'01 (2,600)Salary savings from position vacancies during the y ear
General Fund AdmintFinance Other Professional Services Jan Hockenhull 101-0401415.3146 60,000 Professional services for strategic consulting on communications,diversity and inclusion
General Fund Admir pence Regular Wages Jan Hockenhull 101-0401415-10101 (60,000)Salary savings from position vacancies during the year
0
General Fund Fire Overtime Todd Slcwarcan 101-0901422-10104 420,000 Fire department overtime higher than budgeted
General Fund Fire Leal Expenses Todd Skwarcan 101-09014224141 80,000 Fire department legal expenses not included in 2015 budget
General Fund Fire Operating Transfer Out Todd Skwarcan 101-0901422-50402 _ (500,000),Transfer to EMS fund for capital not needed because of Medicaid reimbursement check funding
0
Parks Department Parks Other Professional Services .. Ron O'Connor 201-1100452-31106 K6OADM 1,200 To transfer nines to cover budget shortfalls
Parks De artment Parks Postage. Ron O'Connor 201-1100452-32102 K6OADM 1,600 To transfer funds to cover budget shortfalls
December 2015 Budget Amendments
11/17/2015 Pagel
,
•
•
.
!City of South Bend,Indiana
• December 2015 Budget Transfers
(budget transfers between expenditure categories or departments within the same fund) .
1 , November 13,2015
I Budget
' Department Fiscal Officer/ Account Project Increase/ '
Fund Name Name Account Name Contact Name Number ' Number (Decrease Justification
Parks Department Parks Small Office Equipment Ron O'Connor 201-1100-452-21-05 K6OADM (2,800)To transfer funds to cover budget shortfalls
Parks Department Parks Contract Services/Charges Ron O'Connor 201-1101-452-39-89 K6OADM 70,000 To transfer funds to cover budget shortfalls
Parks Department Parks Central Services Gasoline _ Ron O'Connor 201-1101-152-2201-K6OADM (40,00C11—to transfer funds to cover budget shortfalls
Parks Department Parks Building Supplies Ron O'Connor 201-1101-452-2341 K6OADM (5,000)To transfer funds to cover budget shortfalls
Parks Department Parka Small Tools&Equipment Ron O'Connor 201-1101-452-23-20 K6OADM (5,000)To transfer funds to cover budget shortfalls
Parks Department Parks Capitailease Pdndpal Ron O'Connor 201-1101-4523711_ K6OADM (10,000)To transfer funds to cover budget shortfalls
Parks Department Parks _Inter Fund Oper Transfer Ron O'Connor 201-1101-052-5042 K6OADM (10,000),To transfer funds to cover budget shortfalls •
Parks Department Parks Small Office Equipment Ron O'Connor 201-1102-452-21;05 K6OADM 2,000 To transfer funds to cover budget shortfalls
Parks Department Parks Inventory For Sale Ron O'Connor 201-1102-452-22-29 K6OADM 47,000 To transfer funds to cover budget shortfalls
Department Parks Concession Inventory Ron O'Connor-201-1102-452-223 M 201-1102-452-22-30 K6OADM 38,000 To transfer funds to cover budget shortfalls
Parks Department Parks Repair Parts Ron O'Connor 201-1102-452-23-10 K6OADM 7,000 To transfer funds to cover budget short falls
Parks Department Parks _Inter-Fund Oper Transfer Ron O'Connor 201-1102-452-50-02 K6OADM (700001 To transfer funds to cover budget shortfalls .
Parks Department Parks Regular Wages _ Ron O'Connor 201-1102-452-10-01 K6OADM . (24,000)To transfer funds to cover budget shortens
Parks Department Parks Central Services Gasoline Ron O'Connor 201-1104-452-22-01 K6OADM 900 To transfer funds to cover budget shortfalls
Parks Department Parks Automotive Equipment Ron O'Connor _201-1104-4523643 K6OADM 9 000 To transfer funds to cover budget shortfalls
Parks Department Parks Contract Services/Charges Ron O'Connor 201-1106-4523989 K6OADM (2,0091 To transfer funds to cover budget shortfalls
Parks Department Parks Operating/Maint Supplies Ron O'Connor _201-1108-452-22-24 K6OADM 1,700 To transfer funds to cover budget shortfalls
Parks Department Parks Telephone Ron O'Connor 201-1108-052-32;04 K6OADM 1,000 To transfer funds to cover budget shortfalls
ParksOepartment Parks Inter-Fund Oper Transfer Ron O'Connor 201-1103-452-51%02 K6OADM (15,5001 To transfer funds to cover budget shortfalls
Parks Department Parks Legal _ Ron O'Connor 201-1100-452-31-01 K60AOM 4,900 To transfer funds to cover budget shortfalls
0
Parks NonReverting Packs Inventory for Sale Ron O'Connor 2034103.452-22-29 K3ADMN 3,500 To transfer funds to cover budget shortfalls
Parks NonReverting Parks Concessions Inventory Ron O'Connor 203-1103-452-22-30 K3ADMN 20,000 To transfer funds to cover budget shortfalls
Parks NonReverting Parks Contract Services/Charges Ron O'Connor 203-1103-452-39489 K3ADMN (23,5001 To transfer funds to cover budget shortfalls
0
Parks NonReverting Parks Intertund Oper Transfer Ron O'Connor 203-1103-452-50-02 K3ADMN 3,550 To transfer funds to cover budget shortfalls '
Parks NonReverting Parks Contract Services/Charges Ron O'Connor 203-1103-452-3989 K3ADMN L 550),To transfer funds to cover budget shortfalls
0
Central Services Capital Central Services Building Mary WSnlewskl 224-0605-419-36-01 8,542 Sample St Garage repairs&Riverside Dr CNG compressor maintenance
Central Services Capital Central Services Capital Materials&Equipment Mary Wisnlewski 224-0605419-43.10 (8,542)Transfer unused funds to cover above
0
Business Insurance Adjoin&Finance Workers'Comp-Police/Fire Penny Price 226-0418-671-34-20 70,000 To cover higher workers'comp costs-refund check received to cover higher claims
Business Insurance Main&Finance Liability Claims Penny Price 226-0412.672-39.01 (70,000),To cover higher workers'comp costs-refund check received to cover higher claims
0
Loss Recovery Various Professional Services • Cecil Eastman 227-0401-415.31-06 1 Encumbrance rounding-Weaver Boos
Loss Recovery Various Signals&Ughta _Cecil Eastman 227-0602-431-22-04 7,190 Martell Electric PO Increased by BPW for Yard Lamppost Program
Loss Recovery Various Professional Services Cecil Eastman_227-0631-79331-06 (7,191)To cover budget shortfalls
0
Local Road&Streets Traffic&Lighting Traffic Signal Maintenance ' Cecil Eastman 251-0608431-38.87 80,000 Reverse Group 46426 booked in error from 929/15-Martell Electric PO 572,575
Local Road&Steels Traffic B Lighting Traffic/Signs/Other Cecil Eastman 251-0608-431-22-30 (80,001 Unused budget to cover above expenditure
0
EMS Operating Fund EMS Group Insurance Todd Skwarcan 28 80902-022-11-08 (100,000)To transfer benefits savings toward equipment needs(tablets-mobile data terminals,tum out gear,fitness equipment,etc.)
EMS Operating Fund EMS Computer Equipment Todd Skwarcan_288-0902-422-36-04 100,000 To transfer benefits savings toward equipment needs(tablets,mobile data terminals,tum out gear,fitness equipment,etc.)
0
COIT Admin/Fin IT Capital Jen Hockenhull 404-0672-41543.08 (191,0001 Funds for wireless InfrasWdure improvement projects;were misbudgetod un"IT Capital"
COIT Admin/Fin IT Computer Equipment Jen Hockenhull 404-0672-415.36.04 191,000 Funds for wireless Infrastructure Improvement projects;were misbudgeted un"IT Capital"
COIT Admin/Fin Legal Expenses Jen Hockenhull 404-0617-431-31-01 60,000 Unanticipated legal expenses paid for various projects
COIT Admin/Fin Electricity Jen Hockenhull 404-0617-431-35.01 80,000 HigherelecMdty costs than anticipated
COIT - Admin/Fln Intern Salary Jen Hockenhull 4044672415-10-03 (41,000)To use unspent funds to cover above
COIT Admin/Fin Cell Allowance Jen Hockenhull 404-0672-415-11.24 (4,320)To use unspent funds to cover above
COIT Admin/Fin Parking Allowance Jen Hockenhull 404-0672-415-11-22 (4,320)To use unspent funds to cover above
COIT AdmlrvFin Training Jen Hockenhull 404-0672-415-39-70 (60,000)To use unspent funds to cover above
COIT Admi&Rn Group Insurance Jen Hockenhull 404-0672-415-11-08 (9,000)To use unspent funds to cover above
COIT Admin/Fin PERF Jen Hockenhull 404-0672-415-11-04 (1,360)To use unspent funds to cover above
0 '
Park NonReverting Capital Parks Maintenance Supplies Ron O'Connor 405-1101-052-22-24 K6OADM 8,400 To transfer funds to cover budget shortfalls
Park NonReverting Capital Parks Refunds,Awards,Indemnities Ron O'Connor 405-1101452-39-01 K6OADM 200 To transfer funds to cover budget shortfalls
Park NonRevertnq Capital Parks Maintenance Supplies Ron O'Connor 405-1104-452-22-24 KfiOADM (8,600)To transfer funds to cover budget shortfalls
Park NonReverting Capital Parks Repair&Maintenance Supplies Ron O'Connor 405-1102-052-23-99 K6OADM 14,000 To transfer funds to cover budget shortfalls
December2015 Budget Amendments I 11/17/2015 Paget
•
City of South Bend,Indiana
December 2015 Budget Transfers
(budget transfers between expenditure categories or departments within the same fund)
November 13,2015
•
Budget '
Department Fiscal Officer/ Account Project Increase/
Fund Name Name Account Name Contact Name Number I Number Decrease Justification
Park NonReverting Capital Parks Maintenance Supplies Ron O'Connor 4051102452-22=24 K6OADM (14,000)To transfer funds to cover budget shortfalls
Park NonRevening Capital _Parks Contract Services/Other _ Ron O'Connor 405-1102-452-39489 K6OADM 21,000 To transfer funds to cover budget shortfalls
Park NonReverting Capital Parks Park Equipment Ron O'Connor 4051102352-4307 K6OADM (21,000)-To transfer funds to cover budget short falls
. p
Building Fund Code Enforcement Other Operating Supplies Seema Timbre 600-1201-415-22'24 3,000 Purchasing blinds for department with unspent funds in auto equipment '
Building Fund Code Enforcement Official Records Seema Timbre 600.1201415-21''-01 1,000 Expenditures higher than budget
Building Fund Code Enforcement Automotive Equipment Seema Timbre 600.1201-415-36':-03 (4,000)Cover blinds and official records costs
Building Fund Code Enforcement Motor Equipment Seema Timbre 800-1201-415-43'02 34,000 Purchasing(2)tractors with unspent site mowing funds '
Building Fund Code Enforcement Site Mowing Seema Timbre 600-1201415-3643 _ (34,000)_Cover cost of tractors with unspent funds _
Building Fund Code Enforcement Other Professional Services Seema treble 60012014153406 24,500 To cover cost of Acosta support
Building Fund Code Enforcement Operating Supplies Seema liable 600-1201-41522-24 _ (15,0001-Transfer unspent funds to cover Accela support
Building Fund Code Enforcement • Misc Charges Seema table 600-1201-415-39.89 (11,500)Transfer unspent funds to coverAccela support
Building Fund Code Enforcement Print Shop Seema Timbre 600.1201 41521''-02 2,000 Expenditures higher than budget
I 0
Parkin Garage Fund Community Investment R&M Services-Building John March 601-0462-645-36-01 (41,0001 Unspent funs used to cover below
Parking Garage Fund Community Investment R&M Services-Building_ _ John March 601-0464-645-36-01 25,000 Repairs on Wayne St Garaage are greater than originally estimated
Parking Garage Fund Community Investment Other Professional Services - John March 601-0464-645-31-06 10,000 Elevator repairs more than expected.Will replace elevator as soon as possible
Parking Garage Fund Community Investment Other Professional Services John March 601-0463-645-31-06 6,000 Unanticipated equipment repairs
i 0
•
Solid Waste Fund Solid Waste Automotive Equipment Repair Carol Kurshal 6100610-791-3603 80.000 Repair costs running higher than expected
Solid Waste Fund Solid Waste Bad Debt Expense Carol Kurzhal 610-0615-791-63.70 2,000 Difficult to predict;no trend or pattem to predict expense
Solid Waste Fund Solid Waste CS Gasoline _ Carol Stone' 610-0610-791-22-01 - (40,000)Increased use of CNG has lessened gas/diesel fuel usage
Solid Waste Fund Solid Waste SWMD Recycling Fee Carol Kurzhal 610-0615791-3408 (42,0001 Monthly fees less than budgeted-
0
Solid Waste Fund Solid Waste Bad Debt Expense-Trash Carol Kurzhal_610.0610-791.63.70 10,000 Difficult to predict;no trend or pattern to predict expense
Solid Waste Fund Solid Waste Bad Debt Expense-Recycle Carol Kurshal 610-0615-793.6570 2,000 Difficult to predict no trend or pattern topredict expense
Solid Waste Fund Solid Waste Landfill _ Carol Kurshal 610.6117-791-39-85 (12,0001 Expect to have budget available at year end
• •
0
Water Works Operating Fund Non-Capital Office Equip Roxanne Lawson 620-0840-601-24-51 4,500 Furnishing needed for 2 new office spaces at North Pumping Station
Water Works Operating Fund Engineering Services Roxanne Lawson 620-0840.658.31-02 (4,500)Transfer unspent funds
Waterworks Operating Fund Small Tools&Equipment Roxanne Lawson 620-0640.603-23-20 27,000 Cover the cost of Day Tank&Scales,Phosphate Tank and small supply items
Water Works Operating Fund Group Health Insurance Roxanne Lawson 620-0640.65411-08 (27,000)Transfer unspentfunds
Waterworks Operating Fund Other Equipment Repairs Roxanne Lawson 620-0640-603-36-05 27,000 Cover the cost of a desiccant wheel at Olive GAO Facility and other needed service work
Water Works Operating Fund FICA Roxanne Lawson 620-0640-658-11.01 (13,500)Transfer unspent funds
Water Works Operating Fund PERF Roxanne Lawson 620-0640558-11-04 (13,5001 Transfer unspent funds
Water Works Operating Fund _Other Professional Services Roxanne Lawson 6204640-60441-06 50 Cover additional cost of crane inspection work
Water Works Operating Fund Building R&M Roxanne Lawson 620-0640604-36-01 15,000 Cover cost of deferred maintenance-mostly repaired/replaced HVAC heating units
Water Works Operating Fund Other Equipment Repairs Roxanne Lawson 620.0646804-3605 18,000 Cover the cost of a backwash pump rebuildfor Edison WiP and other smaller service work needed
Water Works Operating Fund Electric Roxanne Lawson 620-0640-601-35-01 (33,050)Transfer unspent funds
Water Works Operating Fund Contractual Services Other Roxanne Lawson 626064080431-51 91,000 Cover additional service cost related to outsourced utility cut repair work
Water Works Operating Fund Regular Salaries Roxanne Lawson 620.0646658-10.01 (40,000)Transfer unspent funds
Water Works Operating Fund Seasonal&Interns Roxanne Lawson 620.0640-658-10-03 (21,000)Transfer unspent funds
Water Works Operating Fund Water System Repairs Roxanne Lawson 620-0640-60636-61 (30,000)Transfer unspent funds
Water Works Operating Fund Computer Supplies Roxanne Lawson 620-0640-657-22-06 5,000 Cover cost of a printer replacement and a lVR extension payment module custom report
Water Works Operating Fund Slop Box Repairs Roxanne Lawson 620-064040636-50 (5,000)Transfer unspent funds
Water Works Operating Fund Contractual Services Other Roxanne Lawson 620.0646657-31-35 111,000 Cover cost of unexpected Increase in credit card settlement fees and 311 call center fees
Water Works Operating Fund Hourly Salaries Roxanne Lawson 6204640.658.10-02 _ (95 000)Transfer unspent funds
Water Works Operating Fund Stop Box Repairs Roxanne Lawson 620-0640-606-36-50 (16,000)Transfer unspent funds
Water Works Operating Fund Bad Debt Expense Roxanne Lawson 620-0640457-63-70 10,000 Cover a potential increase in uncollectabte customer accounts _
Water Works Operating Fund Other Professional Services Roxanne Lawson 620-0640-658-31-06 (10,000)Transfer unspent hinds .
0
Water Works Operating Fund Contractual Services Other . Roxanne Lawson 620-0640-606-31-51 68,150 Cover additional service costs related to outsourced utility cut repair work
Water Works Operating Fund Unemployment Comp Roxanne Lawson 620-0640-658-11-07 (6,150)Transfer projected unspent funds
Water Works Operating Fund Plumbing Contractors Roxanne Lawson 620-0630-711-61-02 (60,000)Transfer projected unspent funds
0 '
Sewage Opera Maintenance Wastewater Bad Debt Expense-Clay Utllitie Carol Kurzhal 641.0650.851-74-01 2,000 Difficult to predict does not follow any trend or pattern
Sewage Oper&Maintenance Wastewater Various Chemicals Carol Kurzhal 641-0630-793-65-06 (2,000)Expect to have budget available at year end
-
9
Sewage Oper&Maintenance Sewer Concrete Liability Insurance Terri Swift _641-0625-792-34.02 - 2 To correct rounding error
Sewage Oper&Maintenance Sewer Concrete Fleet Maintenance Terri Swift 6414625792-36-03 12,500 Used 3-year average when setting up the budget;actual was slightly higher than expected.
December 2015 Budget Amendments • - 11/17/2015 Page3
•
•
City of South Bend,Indiana
December 2015 Budget Transfers
(budget transfers between expenditure categories or departments within the same fund)
November 13,2015
Budget
Department Fiscal Officer/ Account . Project Increase/
Fund Name Name Account Name Contact Name Number Number Decrease Justification
Sewage Oper&Maintenance Sewer Concrete Other Operating Supplies Terri Swift 1641-0625.792-22-24 - (12,502)Reallocate funds to cover expected deficits .
0
Project ReLeaf ReLeaf Automotive Equipment Tern Swift 655-0609435-36-03 5,100 Increased budget amount to cover maintenance/repair leaf vacs
Project ReLeaf ReLeaf Other Operating Supplies Teri Swift 655-0609435-22-24 (5.100)Reallocate funds to cover deficit in vehicle maintenance/repair account
0
2012 Sewer Bond Wastewater Legal Carol KU2hal 661-0415-415-31-01 1,937 Transfer funds to cover legal expenses
2012 Sewer Bond Wastewater Engineering Carol Kurzhal 661-0621415-31-02 (1.937)Available budget
0
Century Center Century Center Group Insurance Chris Kinnard 670.0406-645-11-08 (83,500)To cover shortfalls In below accounts
Century Center Century Center Uniforms Chris Kinnard 670-0406-645-22-05 200 Costs homer than budget •
Century Center Century Center Cleaning Supplies Chris Kinnard 670-0406-645-22-15 2,500 Costs higher than budget
Century Center Century Center Building Materials Chris Kinnard 670-0406-645-23-01 8,300 Costs higher han budget
Century Center Century Center Salt Chris Kinnard 670-0406-645.2340 4,000 Coals higher than budget .
Century Center Century Center Commission Payments Chris Kinnard 670-0406-645-31-21 _ 24,000 Costs higher than budget
Century Center Century Center liability-Other Chris Kinnard 670-0406-645-34-05 14,500 Costs higher than budget
Century Center Century Center Electric Chris Kinnard _670-0406-645-35-01 20,000 Costs higher than budget
Cent Center Century Center Water Chris Kinnard 670-0406545.35-04 6,000 Costs higher than budget
Century Center Century Center Credit Card Charges Chris Kinnard 670-0406-645-39-39 4,000.Costs higher than budget
Century Center Century Center Workers'Comp Chris Kinnard 670-0420-645-34-01 (11,001All workers comp has been paid outer division 0408
Century Center Century Center Workers'Comp Chris Kinnard 670-0406-645-34-01 11,000 Costs higher than budget
Century Center Century Center Permanent Part Time _ Chris Kinnard 670-0406-645-10-09 _ (21,000)To cover shortfalls in below accounts
Century Center Century Center Buildings Chris Kinnard 670-040654536-01 21,000 Costs higher than budget
Century Center Century Center Liability-Other Chris Kinnard 670-0420-645-34-05 (3,000)-To cover shortfalls in below accounts
Century Center Century Center Building Materials Chris Kinnard 670-0420-645-23-01 3,000 Costs higher than budget -
Century Center Century Center Hourly Chris Kinnard 6700420645-1002 (94,500)To cover shortfalls In below accounts
Century Center Century Center Cost of Goods Sold 'Chris Kinnard 670-0420-645-22-29 74,000_Costs higher than budget
Century Center Century Center Linen&Decor Chris Kinnard 670-0420-645-22-72 10,000 Costs higher than budget
' Century Center Century Center Buildings Chris Kinnard 670-042064536-01 9,500 Costs higher than budget
Century Center Century Center Credit Card Charges Chris Kinnard 670-0420-64539-39 - 1,000 Costs higher than budget
0—Grand Total 0
•
•
December2015 Budget Amendments 11/172015
Paget
, pUT$BE
1200N COUNTY-CITY BUILDING
�'� �� 24 PHONE 574.235.9216
227 W. JEFFERSON BLVD. U � f p�� d
..,G %a; FAX 574.235.9928
SOUTH BEND,INDIANA 46601-1830 a 6 �� ' ?
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 13, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W.Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: December 2015 Budget Transfer Ordinance
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
periodically throughout the year. For 2015, we plan to propose adjustments during four
time periods—March, June, September and December.
Based on our budget review, we are submitting the enclosed ordinance for transfers
between various departments and cost categories within the same funds for your
consideration. No additional appropriation is requested in this ordinance.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 1st reading on November 23, 2015 with
2"d reading,public hearing and 3`d reading scheduled for December 14, 2015.
Thank you for your attention to this request. If you should have any questions,please feel
to contact me at 574-235-7678.
legards,
J H. Murphy
City Controller
CC: Pete Buttigieg, Mayor
James Mueller, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
LOS
11I3‘),
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $233,296
FROM COUNTY OPTION INCOME TAX FUND(#404)AND $87,500 FROM
LOCAL ROAD & STREETS FUND (#251).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2015 operating and capital budgets in
2014 (Ordinances#10331-14 passed on October 27,2014)which included expenditures
for various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2015 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
County Option Income Tax (#404) $233,296
Local Roads & Streets (#251) 87,500
TOTAL $320,796
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of t -�
Mew ,,' r� o, .o .-i
Attest: $ ai?�of tl�t�bi°is tatty P
a ,�thrti§y 10: lass= ,J
Couttc�t aCti�ofat�Sit "
City Clerk
.,.be
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2015 at o'clock .m.
Deputy City Clerk
Approved and signed by me on the day of , 2015 at
o'clock . m.
Mayor, City of South Bend, Indiana
•
IBf$eut t ? . *
1st READING <. r r44v ..!
PUBLIC HEARING
3rd READING ...'_.'...
r y
NOT APPROVED Gt'Y!`€:S4
REFERRED ........__.....�.. ..._...._,._,.,..!i
PASSED
City of South Bend,Indiana
December 2015 Additional Appropriation Requests-Civil City Funds
(increase or decrease in total fund expenditures)
November 12,2015
Department Fiscal
Fiscal Dmcer/ Account Project Increase/ •
Fund Name Name Account Name Contact Name Number Number Decrease _
CDIT 'Atlm &Finance ;Election Cosh
m - - JJustification _ .
Jan—HOCkenhull 404-0617-031-39-60 ! 233,296 I Estimate 2015 EIectonCosts per St Joseph County Auditor-South Bend share
Lorrkoatl85treets Local Road&Streets 'Street Maintenance Cedl Eastman 1251-0608-031-34-10! 87,509;Emergency Repair-Riverbank stabilization at Narthshore Blvd.
� I
Grand Total 320 79J
•
•
•
I �
December2015 Budget Amendments 11/162015
SpU TN @�;'-....
e 0 Mil tot;
1200N COUNTY-CITY BUILDING \ t.„4;-1:1
\�\ d PHONE 574.235.9216
227 W. JEFFERSON BLVD.
ti, i
a w .p i a a. FAX 574.235.9928
SOUTH BEND,INDIANA 46601-1830 9� �
1865 R
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 13, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 41h Floor
South Bend, Indiana 46601
RE: December 2015 Appropriation Ordinance–Civil City Funds
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
periodically throughout the year. For 2015, we plan to propose adjustments during four
time periods—March, June, September and December.
Based on our budget review,we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 1st reading on November 23, 2015 with
2"d reading,public hearing and 3`d reading scheduled for December 14, 2015.
Thank you for your attention to this request. If you should have any questions,please feel
to contact me at 574-235-7678.
Regards,
Jdlil1 H. Murphy
City Controller
CC: Pete Buttigieg, Mayor
James Mueller, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
0 Alkyl C
7i
(Lti► 00 . ZZ -ts '
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF$10,000 FROM
MPAC CAPITAL IMPROVEMENT FUND (#416), $4,000 FROM CUSTOMER
DEPOSIT FUND (#624), $750 FROM WATERWORKS SINKING FUND(#625),
$5,500 FROM WATERWORKS DEBT RESERVE O&M FUND(#629), $1,887,938
FROM SEWAGE O&M FUND (#641), $6,160 FROM SEWAGE WORKS O&M
RESERVE FUND (#643), $2,827 FROM SEWAGE WORKS SINKING FUND (#649)
AND $3 FROM 2007B SEWER BOND FUND (#651)..
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2015 operating and capital budgets in
2014 (#10323-14 passed on October 13, 2014), which included expenditures for various
City enterprise operations. It is now necessary to appropriate additional funds for
operational expenditures necessary for the City to effect provision of services to its
citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2015 and
set apart within the following designated funds for operational expenses as follows:
Fund Amount
MPAC Capital Improvement Fund (#416) $ 10,000
Customer Deposit Fund (#624) 4,000
Waterworks Sinking Fund(#625) 750
Waterworks Debt Service Reserve O&M Fund (#629) 5,500
Sewage O&M Fund(#641) 1,887,938
Sewage Works O&M Reserve Fund(#643) 6,160
Sewage Works Sinking Fund(#649) 2,827
2007B Sewer Bond Fund(#651) 3
TOTAL $1,917,178
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approl of • - or-
Me—m7 .f. - opmon-Council
Attest:
Signing n(tlds&Sl is orib pSd
bt and
for "
opportunity F:.
City Clerk C SI Soo on Viz Sat
Presented by me to the Mayor of the City of South Bend, Indiana,on the
day of , 2015, at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of , 2015, at
o'clock . m.
Mayor, City of South Bend, Indiana
i cd F ` t111ce
1st READING
PUBLIC HEARING 1 8 7019
3rd READING
NOT APPROVER
REFERRED CM! .,,,
r....,.,,..,_,. . .»_....
PASSED .� -
•
•
City of South Bend,Indiana
•
December 2015 Additional Appropriation Requests-Enterprise Funds
(increase or decrease in total fund expenditures)
November 13,2015
Budget
Department Fiscal Officer/ Account Project Increase/ •
Fund Name Name Account Name Contact Name Number Number (Decrease) Justification
•
• ! •
Capital Improvement Fund Morris PAC !Small Tools&Equipment Marika Anderson 416-0404_453-23-201 5.000 i Improving th_Sound System on the Main level lobby and Upper level lobby E ui ment
Capital Improvement Fund Monis PAC ;Building Services Marika Anderson •`16-0404-453-36-01! I 5.000!Ira rovin the Sound System on the Main level lobby and U y i
Y Y peer level lobby-Service
1 10,000
Customer Deposit !WaterWorks I InterfundTransfers Roxanne Lawson 624-064065&50-02 4,000 i Greater earnings on investments year to date. Earnings are transferred out to Waters operating fund.
4,000 1
WaterWorks Sinking Fund ,WaterWorks Ilntedund Transfers Roxanne Lawson 625-0640-65850-02 750 I Greater earnings on investments year to date. Earnings are transferred out to Waters operating fund.
750 I
Debt Reserve 0&M I WaterWOrks ,Interfuntl Transfers Roxanne Lawson 629-0600.658-50-02! — --
� 5,500�Gr¢ater earnings on investments year to date. Earnings are transferred out to Waters operating fund.
I I _ 5,500
Funds generated from user fees transferred to Fund 642 to be used for Capital project spending. Portion of
Sewage 08M (funding for$11.8 million W WTP Secondary Improvements project which was awarded by BPW in September
q .Wastewater :Operating.Transfers Carol Kurzhal 1641-0630-79350-02 1,887,938.2015. Cash balance expected to be approx.$5.7million at 12/31/15.
1,887,938 6,160
I
Sewage Works 08M Reserve lWaslewater Interfund Transfers Carol Kurzhal _643-0630-01550-02 '� .Untlerestimaled interest eamingstobetransferted to operating fund 641.
Sewage Works Sinking Wastewater _J--—
9 9 SRF Loan Interest Carol Kurzhal ;649-0630473-38-02 2827.UntlerestimateC December interest payment
i — 2,827 1 I
2007B Sewer Bond (Wastewater I InterfundTransfers Carol Kurzhal 651-063041550-02, 31Remaining-rash balance of 9244 was transferred to the 2012 Sewer Bond Fund 661 to be spent
3I
Grand Total 1,917178!
I I I
December 2015 Budget Amendments 11/17/2015
. '°SOUTH g�;••..
041 011;t11 4,4
120ON COUNTY-C1TY BUILDING U\\ �i 2 i PHONE 574.235.9216•
227W. JEFFERSON BLVD. I W�� 'fig/�'Y FAX 574.235.9928
SOUTH BEND,INDIANA 46601-1830 6 it'4x ,>
7865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 13, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W.Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: December 2015 Appropriation Ordinance–Enterprise Funds
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
periodically throughout the year. For 2015, we plan to propose adjustments during four
time periods—March, June, September and December.
Based on our budget review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 1St reading on November 23, 2015 with
2"d reading,public hearing and 3`a reading scheduled for December 14, 2015.
Thank you for your attention to this request. If you should have any questions,please feel
to contact me at 574-235-7678.
Regards,
H.
J H.\)Murphy
City Controller
CC: Pete Buttigieg, Mayor
James Mueller, Chief of Staff
Brian Pawlowski,Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
u, /J o (r--- WW '°
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
635 S. Lafayette Blvd., South Bend, IN 46601
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TEN (10) YEAR REAL
PROPERTY TAX ABATEMENT FOR
RDistrict One, 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
635 S. Lafayette Blvd., South Bend, IN 46601 and which is more particularly described
as follows:
LOT 1 RENAISSANCE MINOR SUB 16/17NP#7935 10-01-2015
LOT 3 RENAISSANCE MINOR SUB 16/17NP#7935 10-01-2015
and which has Key Numbers 018-3043-165409 and 018-3043-165402 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(10) ten 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.
Member` t e ommon Council
9'r`s'ni c 9,, �1
C uj rica
,,,,,r 1 # 2015
PRESENTED ++
NOT APPROVED
ADOPTED
Po . Is-- ( 0 .
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
1915 Bendix Drive, South Bend, IN 46628
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(2) TWO-YEAR VACANT BUILDING TAX ABATEMENT FOR
Appletree Associates, LP
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 1915 Bendix Drive,South Bend,IN 46628 and which
is more particularly described as:
295.33' X 661.97 BEG 40' W & 527.98'N SE COR NE SEC 33-38-2E 4.48 ACRES
and which has Key Numbers 025-1006-030101 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 g., 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 ofCommunity Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sec. and South
Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS,the Community Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for Real Property
Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the
requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be employed
or whose employment will be retained by the Petitioner can be reasonably expected to result from
the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment or rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code § 6-1.1-12.1-3.
SECTION III. The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under
Indiana Code § 6-1.1-12.1-3.
SECTION IV. The Common Council hereby accepts the report and recommendation of the
Community Investment Committee that the area herein described be designated as an Economic
Revitalization Area and hereby adopts a Resolution designating this area as an Economic
Revitalization Area for purposes of real property tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to two {2)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VI. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of(2) two years as shown by the attachment
pursuant to Indiana Code 6-1.1-12.1-17.
SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for a Vacant Building 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.
glikoN
Member of the Common Council �p
skstg X70 id E'3 9"'_"�n G .,9U.,' O:1
Council action on`wtO I wt 1.
ito�•�t --_._..Offico
_ _ _
CCU 9 2015
Jcf
PR.L:ENI"W CmT1'C!rtvs, I=,7.
NOT APPROM
2,DOPl a
4�quas�\-
�p �plyi�hrp,To r:
227 W.JEFFERSON BOULEVARD \ /�
SUITE 1400S. iu \ `�j '- PHONE:FAX:574/235-9021
SOUTH BEND,IN 46601-1830 W �l �,�r' ��': FAX:574235-9021
...:� y865.
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
COMMUNITY INVESTMENT
SCOTT FORD,EXECUTIVE DIRECTOR
December 9,2015
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor,County City Building
South Bend, IN 46601
RE: Vacant Building Tax Abatement Petition for:
Appletree Associates,LP
Dear Council Member Ferlic:
Please find the attached information pertaining to a vacant building tax abatement petition
for Appletree Associates, LP:
> 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 project
meets the qualifications for a(2)two year vacant building tax abatement. A representative
from Appletree Associates, LP will be available to meet with the Committee on Monday,
December 14,2015.
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,
Broo ��
Director Economic Resources
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN ICARI PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: VACANT BUILDING PROPERTY TAX ABATEMENT PETITION FOR:
Appletree Associates,LP
DATE: December 8,2015
On Monday, December 7, 2015, a petition from Appletree Associates, LP was received
and subsequently filed with the City Clerk for vacant building property tax abatement
consideration for property to be located at 1915 Bendix Drive, 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
> This 64,500 sq.ft.facility includes production,warehouse,and office space on 4.45
acres adjacent to the South Bend Airport and has been vacant since 2007. Royal
Adhesive wishes to move into the facility in order to expand their current operations
and help revitalize the area.
> Total project taxes during two year abatement period—$62,932
> Estimated taxes being abated during two year abatement period—$39,188
> Total taxes to be paid during two year abatement period—$23,744
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will:
> Create zero(0)permanent,full-time and zero(0)permanent,part-time jobs during
the two year abatement period,representing a new annual payroll of$0
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JRN KAN PAMELA C.MEYER Cams FIELDING BROCK ZEEB
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted, finds that the petitioner has not
been granted or associated with any previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property
is located in the River West Development Area.
4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner
meets the qualifications for a two (2) vacant building tax abatement under section
IC. 6-1.1-12.1-4.8.
•
2 YEAR Vacant Building
Appletree Associates,LP
Tax Key Number 025-1006-030101
Current Assessed Value: 869,300.00
Estimated Project Cost: 0.00 100%
Current Without 100% 50%
Assessed Value AV&Tax Abatement Year 1 Year 2
Current Assessed Value 100% 869,300.00 869,300.00 869,300.00 869,300.00
Base Assessed Value 100% 0.00 0.00 0.00
Less Abatement Deduction (869,300.00) (434,650.00)
Net Assessed Value 869,300.00. 869,300.00 0.00 434,650.00
Property Taxes
Assumed Constant tax rate of 5.4628% 5.4628% 5.4628% 5.4628%
Gross Tax(tax rate x net assessed value) 47,487.78 47,487.78 0.00 23,743.89
Less Circuit Breaker Credit (16,021.78) (16,021.78) 0.00 0.00
Net Tax 31,466.00 31,466.00 0.00 23,743.89
Circuit Breaker Cap
Circuit Breaker 3.0000% 26,079.00 26,079.00 26,079.00 26,079.00
Debt Service 0.6197% 5,387.00 5,387.00 5,387.00 2,693.50
Circuit Break Cap 31,466.00 31,466.00 31,466.00 28,772.50
Combined
Existing New Project Existing& Tax Net Tax
Year Taxes Taxes New Taxes Abated Paid
1 31,466.00 0.00 31,466.00 31,466.00 0.00
2 31,466.00 0.00 31,466.00 7,722.11 23,743.89
Totals 62,931.99 0.00 62,931.99 39,188.10 23,743.89
*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 rate.
City of South Bend oc c.„,tl,,.,
,,1G
7 Petition for Incentives w
Y -r
Petition must Include a$250 filing fee payable to the City Clerk's Office or online via the City's webslte at
http://southbendln.gov/government/content/tax-abatement before processing can be complete rxss
..General Information Project Name Project Number
Legal name as registered with Secretary of Appletree Associates,LP
State
Business structure Limited Partnership
Company webslte
N/A
Proposed Project Information
Proposed project address t 915 Bendix Drive Parent company name N/A
City,State,zip I South Bend IN 46628 Legal owner Same
Site acreage or acreage required 4.45 acres is the real estate owned or Leased
teased
Square feet of facility (;4,500 If leased by whom
Royal Adhesive
'rimary Contact Information
Primary company contact name Greg Warshaw Title CO_
Address of company contact PEI Genesis 2180 Hornig Rd Phone 215.673.0400
City,State,zip Philadelphia,PA 19116 Email greg.warshaw@peigonesis.com
Senior Official Information
Company senior official name Steven Fisher Title President, Appletree Associates LLC
Address of company contact(If different from Same Phone
Same,,a,
City,State,Zip Email
Same steven.fisher@peigenesis.com
Consultant Information/Agent
Hired business consultant/agent name Tony Davey Consultant release(Y/N)
Address local economic development partners I
Newmark Grubb Cressy 4100 Edison Lakes Pkw.
approvaljY/NI
CIty.State,Zip Mishawaka,IN 46545 Email ionyDavey @cressyandeveretl.com
•roject Overview
Brief description of your 64,500 square foot facility including production,warehouse and office space on 4.45 acres adjacent to the South Bend
company,project,and why the Airport. This space has been vacant and for sale and/or lease since the prior tenant(PEI/Genesis,Inc.)moved toils new
property Is necessary for facility in 2007. We are please that Royal Adhesive wishes to move to the facility to expand its business and help revitalize
economic growth the area.
' Hat, s. '(-..'uI
,1 ZOiS
CITY CLE'. IN
Certified Technology Park appropriate r`,..
Community Revitalization Enhancement
District
Certify that the Building Permit has not been Number of residential units created by
IssuedlY/Nl orolcct 0
If this Is a petition for personal property tax abatement,has
the equipment been Installed
Pending by tenant
Investment Details
Public Infrastructure needs(Off- Has any 504 funding been What Is the value of any equipment being purchased In What Is the value of any equipment being
site of project In dollars) received? Indiana for the project? purchased front out of state for the project?
C No Tenant to provide Tenant to provide
ro'ect Investments
Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022
Land Acquisition
Building Lease Payments
Building Purchase Costs
New Building Construction
Existing Building improvements
New Machinery&Equipment
Special Tooling/Retooling
New Furniture/Fixtures
New Computer/IT Hardware
New Software
On-site Rail Infrastructure
On-site Fiber Infrastructure
TOTAL
Full-Time Permanent Indiana-Resident Positions by Calendar Year
Calendar Year Jobs retained Total hourly Cumulative B of net NEW full time Hourly average wage,w/o Total training Total it to be
wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not
fringe or cumulative net new jobs not cumulative
bonuses cumulative
2015
2016
2017 -_
2018
2019
2020
2021
2022
2023
2024
2025
2026
Provide hourly wage information for new employees in the following positions.
Full time Part time
Laborers
Technical
Managerial
Administrative
n ow •e e n•v•ua response or coor.nat ng w t
WorkOne on rev I In:?
Does your company have an EEO hiring policy? Are you an EEO employer?
Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to
the last three years: diversity and Inclusion by detailing your
Year outreach and recruitment efforts for the last
three years as well as current policies.
Full Time Part Time Full Time Part Tire Full Time Part Time
Black
Hispanic
Asian Asian
Indian
Female
Other _-_-
Complete below for Real or Personal Property Tax Abatement only.
Please sign for all requested incentives.
Public Benefit Item:
Information is required on both the construction companies and the
companies which will provide materials purchased for this project.
Please complete the table below with the appropriate information. If Qualify Earned Points Available Points
you qualify for the points,please enter the full amount of available (Yes or No)
points.
1 Construction Related(Contractors):
A. Employ Local Companies(75%) 20
B. Purchase Materials from Local Companies(75%) 20
C. Require Employees vs.Independent Contractors 19
D. Require Prevailing Wage(Davis Bacon) 22
E. Require Health Benefits 22
F. Require Pension Benefits 18
G. Maintain Affirmative Action Plan 20
Sub-total Construction Related: C 141
2 Wake&Benefit Related(Owner):
A. Pay Target Wage Levels 33
8. Provide Health Benefits 34
C. Provide Pension Benefits 29
D. Provide Training 28
E. Provide Child Care 15
F. Provide Transportation Assistance 14
G. Provide Employer Assisted Housing program 9
Sub-total Wage&Benefit Related: 162
3 Workforce Related:
A. Create New Jobs 42
B. Retain Existing Jobs 41
C Maintain Affirmative Action Plan • 35
D. Provide Targeted Hiring Preference 34
Sub-total Workforce Related; 152
4
StIPPort d Municipal Fas_iltyi
Support a S8 Municipal Facility(donations to the
1,
zoo,conservatory,museum,etc.)
-
Name of Facility
ISub-total Municipal Facility: 84
Sub-total from Above: S39
The t:ndersigned owners)of real property,located within the City of South Bend,herby petition the Common Council of the City
of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and
South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above.
Submitted By: _\ �> ; � Date: t t I ) 1-0,r
1',Pt STATEMENT OF BENEFITS 20 15 PAY 20 16.
ai:z' a
....;.
aft Us VACANT BUILDING DEDUCTION
State Form 55182(R/2-14) FORM SB-1 /VBD
.y'-;—'✓ Prescribed by the Department of Local Government Finance
n�
PRIVACY NOTICE
This statement is being completed for real property that qualifies as an"eligible vacant building"as defined by The cost and any specific individual's
IC 6-1.1-12.1-1(17). salary information is confidential.the
balance of the filing Is public record
per IC 6-1.1-121.5.1(c)and(d).
INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body
requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement
must be submitted to the designating body BEFORE the occupation of the eligible vacant building for which the person wishes to claim a deduction.
2. To obtain a vacant building deduction,a Form 322/VBD must be filed with the county auditor before May 10 in the year in which the property owner
or his tenant occupies the vacant building or not later than thirty(30)days after the assessment notice is mailed to the property owner If it was
mailed after April 10. If the property owner misses the May 10 deadline in the initial year of occupation,he can apply between March 1 and May 10
of a subsequent year.
3, A property owner who files the Form 322/VBD must provide the county auditor and the designating body with a Form CF-1NBD to show compliance
with the approved Form SB-1NBD. The Form CF-1NBD must also be updated each year in which the deduction is applicable.
SECTION 1 TAXPAYER INFORMATION
Name of taxpayer
Appletree Associates LP
Address of taxpayer(number and street,city,state,and ZIP code)
2180 Hornig Road Philadelphia, PA 19116
Name of contact person Telephone number E-mail address
Greg Warshaw ( 215 ) 673-0400 greg.warshaw @peigenesis.com
SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT
Name of designating body Resolution number
City of South Bend Common Council
Location of property County DIGF taxing district number
1915 Bendlx Drive South Bend IN 46628 I St.Joseph German,South Bend
Description of eligible vacant building that the property owner or tenant will occupy(use additional sheets If necessary). Estimated occupancy date(month,day,year)
64,500 square foot facility including production,warehouse and office space on 4.45 acres adjacent 1/1/2016
to the South Bend Airport. This space has been vacant and for sale and/or lease since the prior Estimated date placed-in-use(month,day.year)
tenant(PEI/Genesis, Inc.)moved to its new facility in 2007.
SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS A RESULT OF PROPOSED PROJECT
Current number Salaries Number retained Salaries Number additional Salaries
SECTION ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT
REAL ESTATE IMPROVEMENTS
COST ASSESSED VALUE
Current values
Plus estimated values of proposed project
Less values of any property being replaced
Net estimated values upon completion of project
SECTION 5 EFFORTS TO SELL OR LEASE VACANT BUILDING
Described efforts by the owner or previous owner to sell,lease,or rent the building during period of vacancy:
This building has been for sale and/or lease since 2007 through numerous brokers. It is currently listed with Newmark Grubb Cressy&
Everett.
Are
Show amount for which the building was offered for sale,lease,or rent during period of vacancy.
Current listing: Sale$1.5 million: Lease$1.95 PSF NNN. 1 1 1
List any other benefits resulting from the occupancy of the eligible vacant building. t rrr —9 0
Increased employment, revitalization of neighborhood ft " - 7 i
i
LI'r:‘.r
CITY Cl ` I!it'...i. tN I
SECTION 6 TAXPAYER CERTIFICATION
I hereby certify that the representations in this statement are true.
Signature of authonzed, resent live' 11 Title Date signed 1non(1.d,a!y,y ar)
r� �Vf. CFO ti 14 15
Page 1 of 2
FOR USE OF THE DESIGNATING BODY
We find that the applicant meets the general standards In the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed
under IC 6-1.1-12.1,provides for the following limitations:
A. The designated area has been limited to a period of time not to exceed calendar years'(see below). The date this
designation expires is
B. The amount of the deduction applicable is limited to$
C. Other limitations or conditions(specify)
D. Number of years allowed: ❑ Year 1 ❑ Year 2 ❑ Year 3 ❑ Year 4 ❑ Year 5(•see below)
❑ Year6 ❑ Year7 ❑ Year8 ❑ Year9 ❑ Year10
E. For a statement of benefits approved after June 30,2013,did the designating body adopt an abatement schedule per IC 6-1.1-12.1-17?
Yes No
If yes,attach a copy of the abatement schedule to this form.
If no,the designating body is required to establish an abatement schedule before the deduction can be determined.
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)
Printed name of authorized member of designating body Name of designating body
Attested by(signature and title of attester) Printed name of attester
*If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a
taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17.
IC 6-1.1-12.1-1(17)"Eligible vacant building"means a building that:
(A)is zoned for commercial or industrial purposes;and
(B)is unoccupied for at least one(1)year before the owner of the building or a tenant of the owner occupies the building,as evidenced
by a valid certificate of occupancy, paid utility receipts,executed lease agreements, or any other evidence of occupation that the
department of local government finance requires.
IC 6-1.1-12.1-17
Abatement schedules
Sec. 17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under
section 4 or 4.5 of this chapter an abatement schedule based on the following factors:
(1) The total amount of the taxpayer's investment in real and personal property.
(2) The number of new full-time equivalent jobs created.
(3) The average wage of the new employees compared to the state minimum wage.
(4) The infrastructure requirements for the taxpayer's investment.
(b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule
for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of
the deduction. An abatement schedule may not exceed ten(10)years.
(c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under
the terms of the resolution approving the taxpayer's statement of benefits.
Page 2 of 2
11/23/2015 1915 Bendix Dr::Newmark Grubb Cressy&Everett
Search ( Go File o -# ' ck: '
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For Sale or Lease Home»Properties»For Sale or Lease»Industrial Properties» Bendix Dr 1915
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Industrial Properties South Bend, Indiana
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Medical Properties Well Maintained, Clean High-Tech Manufacturing Facility
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Property Snapshot
Building: 64,500 SF
Office SF: 3,700 SF
Warehouse SF: 20,600 SF;40,200 SF(Production)
Land: 4.49 Acres
Year Built: 1 975 (Production&Office),2002(Warehouse)
Zoning: LI(Light Industrial)
Parking: 137 Surface Spaces
OH Doors: 1 —10'x 12'
Docks/Levelers: 3—8'x 8'
Lighting: Fluorescent&Metal Halide
http://www.cressyandeverett.com/properties/for-sale-or-Iease/iindustrial/1915-bendix-dr/ 1/3
11/23/2015 1915 Bendix Dr::Newmark Grubb Cressy&Everett
Signage: Building
Ceilings: 13.5'-18'
Power: 1200 Amp/480 Volt 3-Phase,4-Wire
Sprinklered: Yes
Security: Yes
Utilities: Municipal Water&Sewer;Gas&Electric
HVAC: Gas Forced Air Heat&A/C
Annual Taxes: $38,538.88
Reduced Price: $1,500,000'( 2,,000;000)
Lease Rate: $2.60 PSF NNN
$1.95 PSF NNN*
*In addition to base rent, tenant pays utilities,janitorial,trash and snow removal, lawn
services, insurance,realestate taxes,and phone/computer/data.
Property Details
High-tech manufacturing facility consisting of 64,500 SF on 4.49 acres. The building is
steel frame structure with masonry covered block and metal siding. In 2002 the entire
facility was updated including all new mechanicals, new electric service and a new roof
over the production area.The building is divided into a warehouse,production and
office areas.
The warehouse offers 20,600 SF (116' x 162') with two (2) docks with electric openers
(one with leveler), 55' x 25' bay spacing, 13.5' to 18' ceiling height and metal halide
lighting.The warehouse is heated and cooled with two(2)gas forced air heat and two (2)
central air units.
The production area offers 40,200 SF(100'x 402')with one (1) 10'x 12'overhead door,
one (1) 8'x 8' dock, 50' x 24' bay spacing,airlines,buss ducts,fluorescent lighting and
four(4)restrooms.The production area is heated and cooled with eight(8) gas forced air
heat and eight(8)central air conditioning units.
The 3,700 SF office area consists of classroom/training room, file storage areas, four(4)
private offices, a large open area, reception area, kitchenette, and men's and women's
restrooms.
Download Flyer<URL:/index.c fin/ api/render/file/?me/trod=inline&jilelD=4c08375B-.
2408-431 I-9E4517B BA7FJ 9F81>
View Map<URL:
hllps://www:goagle.cam/maps/nlacc//9151-Bendix+Drive/(a 41:7010784;-86.2936277;16z>
For More Information Please Contact
http://www.cressyandeverett.can/properties/for-sale-or-lease/industrlal/1915-bendix-dr/ 213
11/23/2015 1915 Bendix Dr::Newmark Grubb Cressy&Everett
Tony Davey
Senior Broker
574.485.1536
tonytlavev ii cressvandeverett.com<URL:vn ailtre'ronvdayevaacrecsvanuevereR.coni>
Rick Doolittle
Chief Operations Officer
574.485.1535
yickdooliltle'a cressvandeverett:cam <UR4:mail iv:rickclool iuie(uacress•vandevereMcon>
Home I Contact Us I Site Map
4100 Edison Lakes Parkway,Suite 350 Mishawaka,Indiana 46545•Phone:574.271.4060• in( n cnssyandeveten.cnm
http://www.cressyandeverett.com/properties/for-sale-or-Ieaselindustrial/1915-bendix-dr/ 3/3
ter— La )
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
Lot 4 Portage Prairie Minor#5, South Bend, IN 46601
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR
Ontario Partners, 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 Lot 4 Portage Prairie Minor #5, South Bend, IN
46601 and which is more particularly described as:
LOT 4 PORTAGE PRAIRIE MINOR #5 16/17 NP#1787 03-19-2015
and which has Key Number 025-1010-017001 be designated as an Economic Revitalization Area
under the provisions of Indiana Code 6-1.1-12.1 et seg., and South Bend Municipal Code Sections
2-76 et seq., and;
WHEREAS,petitioner has agreed to and has accepted responsibility to report any changes
in the final legal description and to report the final, appropriate Key Number to the Department of
Community Investment and to the Office of the City Clerk; and
WHEREAS,the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seg., and South
Bend Municipal Code Sections 2-76, et ., 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(10) ten 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 MI force and effect from and after its adoption by the
Common Council and approval by the Mayor.
lb%
Member of e Common Council
Signing of ed A frn , prvide an
Gpt%rWnty I tiaato and
Cs i3 action eft LIL'a biviap
r . F {
• G fcoaec ..
�4 vg
PHt xP1'ED --
1,40.1 APPROVE21
227 W.JEFFERSON BOULEVARD t 1% .,� PHONE:574/235-9371
SUITE 14008. o \ '� �i5;. `i
SOUTH BEND,IN 4660I-1830 =ra��\ 'cr.,- �' FAX:574235-9021
w
7845
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
COMMUNITY INVESTMENT
SCOTT FORD,EXECUTIVE DIRECTOR
December 9,2015
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:
Ontario Partners,LLC
Dear Council Member Ferlic:
Please find the attached information pertaining to a real property tax abatement petition for
Ontario Partners, 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$7,800,000. The project meets the qualifications for a
(10) ten year real property tax abatement. A representative from Ontario Partners, LLC
will be available to meet with the Committee on Monday, December 14,2015.
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,
Director Economic Resources
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEES
1
P
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
Ontario Partners,LLC
DATE: December 8,2015
On Tuesday, December 8, 2015, a petition from Ontario Partners, LLC was received and
subsequently filed with the City Clerk for real property tax abatement consideration for
property to be located in the Ameriplex business park. 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
> Ontario Partners, LLC will construct a 165,000 sq. ft. facility to serve multiple
tenants. Approximately 45%(75,000 SF)of the facility will be pre-leased,leaving
approximately 55%(90,000 SF)to be marketed as available space that is ready for
an immediate user to the market place.
> $7,800,000 investment in new building construction
> Total project taxes during ten year abatement period—$2,402,391
> Estimated taxes being abated during ten year abatement period—$850,138
> Total taxes to be paid during ten year abatement period—$1,552,253
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will:
> Create (15) fifteen, permanent full-time and zero (0) permanent, part-time jobs
during the ten year abatement period, representing a new annual payroll of
$468,000.
gi
9{x
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
IITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted, finds that the petitioner has not
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.
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 a(10)ten-year real property tax abatement under section
2-84.2,Real Property Tax Abatement.
•
10 YEAR
6-Dec-I5
•
Ontario Partners, LLC
South Bend German Township
Real Properly Tax Abatement Schedule*
Tax Key Number 025-1010-017001
Current Assessed Value: 7,000
Estimated Project Cost 7800000
Aa?eA6ed Value Current WAbout 100% 95% 80% 65%
Conant Assessed Value AVBTax 8tel�Il1 Year Year Year Year4 Year 40% 30% 20% 10% 5%
100% 7,000 7,000 7,000 7,000 7,000 7,000 7500 7,000,006 7,507 7600 7,000 Year 10
Base Assessed Value 85% 6,830,000 8,830,000 6630,000 6,630000 6,630,000 6,630,000 8,630500 6,630,000 6,630.000 6,630,000 6,630,000
Less Abatement Deduction 0 (6,630.000) (6,298,500) (5,304600) (4,309,500) (3,315,000) (2,852.000) (1,989500) (1,328,000) (663,000) (331.500)
Net Assessed Value 7,000 8,637.000 7,000 338.500 1,333.000 2,327,500 3,322500 3.
PmoalvTne - 986000 4,848,000 5,311,000 5,814.000 6,305.500
Assume constant tax rate of 5.4828% 5.4628% 5.4628% 5.4828% 5.4828% 5.4628% 5.4628% 5.4628% 5.4528% 5.4628% 5.4628% 5.4628%
Gross Tax(tax ralex net Messed value) 382 362,563 382 18,491 72,819 127,146 181,473 217,691 253,909 296127 326345 344,454
Less Circuit BreakerCredt (129) (122,324) 0 0 0
253 240,239 382 18,491 72,819 127,146 181473 21691 227,913 232022 236,130) (238,185
Circuit Breaker Cap
Circuit Breaker 3.0000% 210 199,110 199,110 199,110 199,110 199,110 199,110 199,110 199,110 199,110 199,110 199,110
Debise^'ice 0.6197% 43 41,129
Grant Brakercep 43 2,098 8.261 13,533 19,636 24,695 28,803 32,912 37,020 39,075
253 240,239 192,153 201,208 207.371 213,533 219696 223,805
227,913 232022 .236130 238,185
New Combined Net
Y.= E+dTsing Protect Existing New Tax Tax
IsEes Iexa1 Abated Pall
1 253 239,986 240.239 239,857 382
2 253 239.986 240,239 221,748 18,491
3 253 239,988 240,239 187,420 72,819
4 253 239,986 210,239. 113,093 127,146
5 259 239,986 240,239 58,786 181,473
6 253 239,986 240,239 22,548 217,691
7 253 239,988 240,239 12,326 227,913
e 253 239,988 240.239 8,217 232,022
9 253 239,988 240,239 4,109 236,130
10 253 239,986 240,239 2,054 238,185
Totals 2,534 2,399,857 240/2391 850,138 t552,253
'This schedule isloreslmatkm purposes only and assume,constants%rates.The Imo tax values
will ultimately be determined by the actual assessed vehmeon and the then current tax rates.
City of South Bend oes°,="
Petition for Incentives
L-,. ? i
Petition must include a$250 fin fee payable to the City Clerk's Office or online via the City's �� _
filing p Y tY ff ty's website at
http://southbendin.gov/government/content/tax-ab afement before processing can be complete
'a�
General Information Project Name Project Number
Legal name as registered with Secretary of Ontario Partners,LLC
State
Business structure Indiana Limited Liability Company
Company website
Not Applicable
Proposed Project Information
Proposed project address To be determined Parent company name Not Applicable
City,State,Zip I South Bend,IN 46628 Legal owner Ontario Partners,LLC
Site acreage or acreage required 13.49 Is the real estate owned or Owned
Ieaceri
Square feet of facility 165,000 If leased by whom
•rimary Contact Information
Primary company contact name Paul Phair Title VP-Development
Address of company contact 227 S.Main Street,Suite 300 Phone 574-217-4498
City,State,Zip South Bend,IN 46601 Email
pphair@holladayproperties.com
Senior.Official Information
Company senior official name John Phalr Title President
Address of company contact Of different from Phone
above)
Same as above
City,State,Zlp Email
onsultant Information/Agent
Hired business consultant/agent name Not Applicable Consultant release(YIN)
Address Local economic development partners
approval NN 1
City,State,Zip Email
'roject Overview
Brief description of your The Ontario Building will be a 165,000 square foot industrial facility that will be constructed to serve multiple tenants.
company,project,and why the Approximately 45%(75,000 SF)of the facility will be pre-leased,leaving approximately 55%(90,000 SF)to be marketed as
property Is necessary for available space that is ready for an Immediate user to the market place. Not only is this a development that provides an
economic growth immediate impact by retaining,and also adding,jobs Immediately,but it provides a new,modem and available Industrial
space for a user to expand in this market. Due to the low levels of vacancy In industrial space in our area,we expect that
this space will be attractive to users both in and outside of our market as they will be able to move at a pace which will
support their growing operations.
1`aifO i'
r^�,
xs -9 N15
�
Certified Technology Paris appropriate No
Community Revitalization Enhancement Yes ~
Distnct _
Certify that the Building Permit has not been Yes Number of residential units created In `'• Not ble
hived CON) _orolfad APPI am
if this isa petition for personal property tax abatement,has
No
the equipment been installed
Investment Details
Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased in What is the value of any equipment being
site of project in dollars) received? Indiana for the project? purchased from out of state for the project?
No No N/A N/A
New Project Investments
Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022
Land Acquisition 5337.250
Building Lease Payments ---__-__
Building Purchase Costs -__----_
New Building Construction S 7.600.000 -__---
Existing Building Improvements
New Machinery&Equipment
Special Tooling/Retooling
New fumttureJFi><tures
New Computer/fT Hardware
New Software -_----__
On•srte Rail Infrastructure
On-site Fiber Infrastructure
TOTAL
Full-Time Permanent Indiana-Resident Positions by Calendar Year
Calendar Year Jobs retained Total hourly Cumulative B of net NEW full time Hourly average wage,w/o Total tralning Total ff to be
wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not
fringe or cumulative net new jobs not cumulative
bonuses cumulative
2015 83 50,000 0 N/A NIA N/A
2016 -_
2017 15 515.00 =_
2018
2019
2020 • - •
•
2021 . a tS, •
2022 iii fat.,F
•
2023 t _
•
2024 „ r tYir.'.`..ti
2025 _,°fytf
2026
Provide hourly wage:information for new employees in the following positions.
Full time Part Hme
Laborers 12
Technical
Managerial 2
Administrative 1
ovn .•t em.iw.ua responsr•e orcoor•inaungwit
WorkOne on recruitrn-? N;A
Does your company have an EEO hiring policy, Yes Are you an EEO employer? Yes
Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to
the last three years: diversity and inclusion by detailing your
Year
outreach and recruitment efforts for the last
three years as well as current policies
Fu'l Time Part Time Full rime Part Time Full Time Part Time
Black
The tenant retaining jobs is an EEO
Hispanic _-_-_- Employer n plan aas a maintains an affirmative
action plan as a government contractor
Asian __---_ with the OFCCP.
Indian _---__
Female ______
Other _--_-_
Complete below for Real or Personal Property Tax Abatement only.
Please sign for all requested incentives.
Public Benefit Item:
Information is required on both the construction companies and the
companies which will provide materials purchased for this project.
Please complete the table below with the appropriate information. If qualify Earned Points Available Points
(Yes or No)
you qualify for the points,please enter the full amount of available
points.
1 Construction Related(Contractors):
A Employ Local Companies(75%) Yes 20 20
B Purchase Materials from Local Companies(75%) Yes 20 20
C. Require Employees vs Indeperid'enCor>t-ractors Yes 19 19
D Require Prevailing Wage(Davis Bacon) Yes 22 22
E. Require Health Benefits Yes 22 22
F. Require Pension Benefits No 18
G Maintain Affirmative Action Plan No G0
ISub-total Construction Related: 103 141
2 Wage&Benefit Related(Owner):
A Pay Target Wage Levels Yes 33 33
B Provide Health Benefits Yes 34 34
C Provide Pension Benefits Yes 29 29
D Provide Training Yes 28 28
E Provide Child Care No 15
F Provide Transportation Assistance No 14
G Provide Employer Assisted Housing program No 9
Sub-total Wage&Benefit Related- 124 162
3 workforce Related:
A Create New Jobs Yes 42 42
B Retain Existing Jobs Yos c1 41
C Maintain Affirmative Action Plan Yes 35 35
0 Prov de Targeted Hiring Preference f4' 34
Sub-total Workforce Related: ,1E :52
4 Support a Municipal Facility:
Support a SB Municipal Facility(donations to the
A Yes 84
zoo,conservatory,museum,etc.)
84
Name of Facility
I ISub-total Municipal Facility: 54 84
Sub-total from Above. 429 539
The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City
of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and
South Bend Municipal Code Sec.2-76 et sep.,for this petition state the above.
Submitted By: :_c) 17_p____:-_, Date: /Lw7/7/5—
What is the current assessed value? Real Property: $7,000.00 Personal Property
What Is the projected assessed value? Real Property. $6,609,00D Personal Property
What Is the tax key number for this project? 025-1010-017001
What Is the six digit NAICS code'
312110
Please attach a 600gle map and street view of the location
See Attached
Please list the amount of real and personal property taxes Real Property Taxes- Personal Property Taxes.
paid for the last five years when applicable.
Year One
5293 Nol Applicable
Year Two
Previous Owner Not Applicable
Year Three
Previous Owner Not Applicable
Year Four
Previous Owner Not Applicable
Year Five
Previous Owner Not Applicable
re Staff Use Only
'! t . Please fill out the Public Benefit Summary Information and add to the total from above.
jYorNj Points Points
Public Benefit Item:
Project Related:
5 A Redevelop a Site that has Special Needs 49
Develop Based on Local University Research 35
C Achieve a Physical Element of a Plan 3�p 36
Sub-total Project Related 0 120
6 Super Size Projects 1point values are cumulative):
A 100%to 199% 2.5 25
B 200%to 299% 6$ 68
C
300%10 399% COS 65
D. 400%and Over S Z 52
Sub-total Super Size Projects: a 2/0 212
Pay for Municipal Infrastructure:
A Pay for Oversizing or Upgrading 14
B
Pay for 26-50%of Extension Cost 26
C Pay for 51-75%of Extension Cost 39
D Pay for 76-100%of Extension Cost 52
I (Sub-total Infrastructure Related. 131
Total from Applicant Section: 429 539
Total from Staff Section b- Z,1 S� 461
Total Public Benefit Points- A.U. 6 75" 1000
Supplement to Petition for Incentives
Frequently Asked Questions
We are frequently asked to explain the following questions,in an effort to clarify we arc providing answers
below.
1)How do I pay my petition filing fee?
Your petition 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
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 if you fall within the boundaries.
CREeD District BaundaryyJ
ASS_
/ 1
Grace • _ ti Soulh South
Ford DG„erRow _
N J'
Poland ` '
Dunham ° /
g
<!.h.l
Fr.her i E TA Tun
'.
°+v Ohlo
r<J_3 r,Ken 8 5 Sampto s'A Gam �
i )3 41 lk.r.rtion Stoll a3 �.g � /f 1
M 4
( a a m
9 Broadway
Sward , 2. - $ Haney
Legend N
OCRE•D Doled i 1 Indlane Ind,an E
N
a I• i
I-1 �
�south Bend Part*, 6 , 2r
4) Has any 504 funding been received? (Page one,under investment details) 'F
504 Funding is a loan that come from the Small Business Administration. This funding must 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 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 574.235.5892 or email al sheintzePsouthbendin,gov
. STATEMENT OF BENEFITS 20 PAY 20
I' j REAL ESTATE IMPROVEMENTS
Stale Form 51767(R4!2-13) FORM SB-1 i Real Property
Prescribed by the Department of Local Government Finance
PRIVACY NOTICE
This statement is being completed for real property that qualifies under the following Indiana Code(check one box): The cost and any specific individual's
❑ Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12,1-4) salary Information Is confidential;the
❑ Residential! distressed area(IC 6-1.1-12.1-4.1) per IC 6 1.t-1 .1ng is public rd).
Y ( ) per IC 6-1.1-12.1-5.1(c)and(d).
INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant In making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction.
'projects"planned or committed to after July 1, 1987.and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1)
2. Approval of the designating body(Oily Council, Town Board,County Council,etc.)must be obtained prior to initiation of the redevelopment or
rehabilitation,BEFORE a deduction may be approved.
3. To obtain a deduction,a Form 322/RE 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 alter April 10. lithe property owner
misses the May 10 deadline in the initial year of occupation,he can apply between March 1 and May 10 of a subsequent year.
4. Property owners whose Statement of Benefits was approved after June 30, 1991,must attach a Form CF-1/Real Properly annually to the application to
show compliance with the Statement of Benefits. fIC 6-1.1-12.1-5.1(b)and iC 6-1.1-12.1-5.3())).
5. The schedules established under IC 6-1.1-12.1-4(d)for rehabilitated property apply to any economic revitalization areas designated after June 30,2000,
unless an alternative deduction schedule is adopted by the designating body(IC 6-1.1-12.1-17). The schedules effective prior to July 1,2000,shall
continue to apply to economic revitalization areas designated before July 1,2000.
SECTION 1 TAXPAYER INFORMATION
Name of taxpayer
Ontario Partners,LLC
Address of taxpayer(number and street,city,state,and Z112 code)
227 S.Man Street,Suite 300;South Bend,Indiana 46601
Name of contact person Telephone number E-mat address
Paul Phalr 574 217-4498
( } pphair@hdladayproperties.com
SECTION 2 LOCATION AND DESCRIPTION OF,PROPOSED PROJECT.
Name of designating body Resolution number
South Bend Common Council
Location of property County DLGF taxing district number
Lot 4-Portage Prairie Minor Subdivision its
Description of real property improvements,redevelopment,or rehabilitation(use additional sheets If necessary) Estimated start date(month.day,year)
March 1,2016
The Ontario Bulding will be the construction of a 165.000 square foot industrial building in the Ameriplex at Interstate 80/90 industrial pant. Estimated completion date(month,day,year)
• October 31,2016
SECTION 3 ESTIMATE OF EMPLOYEES'AND SALARIES AS RESULT OF PROPOSED PROJECT
Currant number Salaries Number retained Salaries Number additional Salaries
83 $50,000.00(Average) 83 550,000.00(Average) 15 51600 per Hour(Average)
SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT
REAL ESTATE IMPROVEMENTS
COST ASSESSED VALUE
Current values 57,000 00
Plus estimated values of proposed project $7,830,000
Less values of any property being replaced so
Net estimated values won completion of•ro ect 57,800,000
SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER
Estimated solid waste converted Hot Applicable(pounds) Estimated hazardous waste converted(pounds) Not Applicable
"
Other benefits ,, t a
P'''N - 9 C015
J(••
ciry ciPil L
%, ' fti D. IN
SECTION 6 TAXPAYER CERTIFICATION
I hereby certify that the representations in this statement are true.
Signature of authorized representative �9 Tee
Dale signed(month,day,year)
VP- >ewe/a. a. __ /7 •/ /S
Page 1 of 2
FOR USE OF THE DESIGNATING BODY
We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed
under IC 6-1.1-12.1,provides for the following limitations:
A. The designated area has been limited to a period or time not to exceed calendar years*(see below). The dale this designation
expires is
B. The type of deduction that is allowed in the designated area is limited to:
1.Redevelopment or rehabilitation of real estate Improvements Di Yes ❑No
2.Residentially distressed areas ❑Yes 0 No
C. The amount of the deduction applicable is limited to$
D. Other limitations or conditions(specify)
E. The deduction is allowed for years'(see below).
F. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17? ❑Yes ❑No
If yes,attach a copy of the alternative deduction schedule to this form.
We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits Is sufficient to justify the deduction described above.
Approved(signature and title or 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 lime a taxpayer is
entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4,
A. For residentially distressed areas,the deduction period may not exceed five(5)years.
B. For redevelopment and rehabilitation or real estate improvements:
1. If the Economic Revitalization Area was designated prior to July 1,2000,the deduction period Is limited to three(3),six(6),or ten(10)years.
2. If the Economic Revitalization Area was designated after June 30,2000,and is not in a residentially distressed area,the deduction period may not
exceed ten(10)years.
Page 2 of 2
I l 03. i f- - c of
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
301 East Sample Street, South Bend, IN 46601
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR:
Mossberg & Company, Inc.
WHEREAS, a petition for personal property tax abatement consideration has been filed
with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known as 301 East Sample Street, South Bend, IN 46601 and
which is more particularly described as follows:
Business Personal Property
and which has a Key Number to be designated as an Economic Revitalization Area under the
provisions of Indiana Code 6-1.1-12.1 et ., and South Bend Municipal Code Sections 2-76 et
seq., and;
WHEREAS,the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South
Bend Municipal Code Sections 2-76, et seg., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS,the Community Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-
1.1-12.1-4.5 et seq., that:
a. The estimate of the cost of the new manufacturing equipment is reasonable for
equipment of that type;
b. That the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result
from the proposed installation of new manufacturing equipment;
c. That the estimate of the annual salaries of those individuals that will be employed
or whose employment will be retained by the Petitioner can be reasonably expected
to result from the proposed installation of new manufacturing equipment;
d. Any other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed new manufacturing equipment;
and
e. The totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in the
Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax
Abatement Consideration and that Statement of Benefits form completed by the petitioner, said
form being prescribed by the State Board of Accounts, are sufficient to justify the deduction
granted under Indiana Code 6-1.1-12.1-4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of the
Department of Community Investment, and the Community Investment Committee's favorable
recommendation, that the area herein described be designated as an Economic Revitalization Area
for purposes of personal property tax abatement and hereby makes such a designation.
•
SECTION IV. The Common Council determines that such designation is for personal property
tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of(5) five years as shown by the attachment
pursuant to Indiana Code 6-1.1-12.1-17.
SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this
Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana
Code 5-3-1, said publication providing notice of the public hearing before the Common Council
on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Signing of this 13 dreg gb, pt an
6a -`i t° 7
Council Colo�' `��. � Member off'e�� : :e IG�+fit`, 1_,Office
PRESLN�c„
CEO -g 2015
CEO
NOT. APPROVED 2
Vii.
19Xliaggke CITY CLERK,'xtau 0 -# i C�:�Bx IN
227 W.JEFFERSON BOULEVARD tptylll r'� • •
SUITE 1400 S. ��. -::. j "• PHONE 574/235-9371
Ii W 2y 1=—✓ fo PAX:574/235-9021
SOUTH BEND,IN 46601-1830
:; ./ as
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
COMMUNITY INVESTMENT
SCOTT FORD,EXECUTIVE DIRECTOR
December 9,2015
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 4660]
RE: Personal Property Tax Abatement Petition for: Mossberg& Company,Inc.
Dear Council Member Ferlic:
Please find the attached information pertaining to a personal property tax abatement
petition for Mossberg&Company, Inc.:
➢ Department of Community Investment's summary report
➢ Copy of the petition
➢ Statement of Benefits form
➢ Supporting information.
The report contains the Department's findings relative to the above petition. Mossberg&
Company, Inc. will be investing approximately $490,000 towards new machinery and
equipment to help maintain their current market segments and expand to other areas. The
project meets the qualifications for a (5) five year personal property tax abatement and a
representative from Mossberg & Company, Inc. will be available to meet with the
Committee on Monday, December 14,2015.
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, ��
B oci' k‘e: Z
Director Economic Resources
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAM PAMELA C.MEYER CHRIS FIELDING BROCK am
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
Mossberg& Company,Inc.
DATE: December 8,2015
On Tuesday,December 8,2015,a petition from Mossberg&Company, Inc. was received
and subsequently filed with the City Clerk for personal property tax abatement
consideration for property to be located at 301 East Sample Street, South Bend, IN 46601.
Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South
Bend,this petition was referred to the Department of Community Investment for purposes
of investigation and preparation of a report determining whether the area qualifies as an
Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning
requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached),investigated the area,and makes the following report.
PROJECT SUMMARY
➢ Mossberg&Company,Inc.will be investing approximately$490,000 towards new
machinery and equipment to help maintain their current market segments and
expand to other areas.
➢ Estimated taxes to be paid over the five year abatement period—$22,768
➢ Estimated taxes being abated over the five year abatement period—$19,268
➢ Estimated total taxes on new equipment over five year abatement period—$42,036
EMPLOYMENT IMPACT
Per the petition,it is estimated that the total project will:
➢ Create(2)two permanent,full-time and zero (0)permanent,part-time jobs during
the five year abatement period,representing a new annual payroll of approximately
$100,000
➢ Retain (99) ninety nine permanent full-time jobs with an annual payroll of
$5,071,500.
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEES
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted, finds that the petitioner has not
been granted or associated with any previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property
is located in the River West Development Area.
4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner
meets the qualifications for a (5) five-year personal property tax abatement under
section 2-84.2,Tangible Personal Property Tax Abatement.
5 YEAR
4-Dec-15
Mossberq & Company, Inc.
South Bend Portage Township
Personal Property Tax Abatement Schedule*
Tax Key Number 71-018-06830-00
Current Assessed Value: 0
Estimated Project Cost: 490,000
40% 60% 55% 45% 37%
100% 80% 60% 40% 20%
Year1 Igalg Year3 Year4 Year
Current
Assessed Value: AV&Tax Pay 2013 Pay 2014 Pay 2015 Pay 2016 Pay 2017
Current Assessed Value 100% 0 0 0 0 0 0
Base Assessed Value 196,000 294,000 269,500 220,500 181,300
Less Abatement Deduction (196,000) (235,200) (161,700) (88,200) (36,260)
Net Assessed Value 0 0 58,800 107,800 132,300 145,040
Property Taxes:
Assume constant tax rate of 5.4968% 5.4968% 5.4968% 5.4968% 5.4968% 5.4968%
Gross Tax(tax rate x net assessed value) 0 0 3,232 5,926 7,272 - 7,973
Less Circuit Breaker Credit 0 0 0 0 (1,635)
Net Tax 0
0 9 3,232 5,926 7,272 6,338
Circuit Breaker Cap
Circuit Breaker 3.0000% 0 5,880 8,820 8,085
Debt Service 0.6197% 0 0 364 668 6,615
820 5899
Circuit Braker Cap 0
___ 5,880 9 184 8 753 7,435 6,338
New Combined Net
Existing Project Existing&New Tax Tax
Year Taxes Taxes Taxes Abated Paid
•
Pay 2013 0 7,095 7,095 7,095 0
Pay 2014 0 10,642 10,642 7,410 3,232
Pay 2015 0 9,755 9,755 3,830 5,926
Pay2016 0 7,981 7,981 709 7,272
Pay 2017 0 6,563 6,563 225 6,338
Totals 0 42,036 42,036 19,268 22,768
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.
•
City of South Bend ;o� urrreeo
Petition for Incentives `
Petition must include a$250 filing fee payable to the City Clerk's Office or online via the City's website at
http://southbendin.gov/government/content/tox-abatement before processing can be complete rASs
General Information Project Name Project Number
Legal name as registered with Secretary of Mossberg&Company,Inc.
State
Business structure Main Office
Company website www.mossbergco.com
Proposed Project Information
Proposed project address 301 East Sample Street Parenfcompany name Mossberg&Company,Inc.
City,State,Zip I South Bend,IN 46601 Legal owner Mossberg&Company,Inc.
Site acreage or acreage required Approximately 2.1 acres Is the real estate owned or Owned
leased
Square feet of facility 64,330 If leased by whom N/A
Primary Contact Information
Primary company contact name James Hillman Title President&CEO
Address of company contact 301 East Sample Street Phone 574-289-9253
city,State,Zip South Bend,IN 46601 Email jhillman @mossbergco.com
Senior Official Information
Company senior official name Jean Cnimiish Title Director of Administration
Address of company contact if different from Same Phone 574-289-9253
above)
City,State,Zip Same Email jcrumlish @mossbergco.com
Hired business consultant/agent name Richard Deahl Consultant release(Y/N) Y
Address 600 1st Source Bank Center Local economic development partners I Y
approval(YJN(
City,State,Zip South Bend,IN 46601 Email rdeahl @btlaw.com
roject Overview
Brief description of your
company,project,and why the Founded in 1930 by Herman T.Mossberg at 302 East Tuft Street,Mossberg&Bodell Company began as a privately held
property is necessary for printing operation. The strong tradition of quality service and products at Mossberg continues today. While Mossberg&
economic growth Company has maintained its core commercial printing operations,we now consist of five divisions:Fulfillment and
Marketing Services,Labels and Packaging,Digital Print,MossBev,and Fine Lithography Sheet Fed Printing.
Throughout Mossberg's history,the corporate headquarters have remained at Tuft and Sample Street in South Bend.Our
main facilities have grown to their present size of 64,000 sqft,housing 99 employees and our Sheet Fed Printing and Labels
and Packaging divisions.We also lease warehouse space at 4100 Technology Drive,housing 24 employees,for our
Fulfillment and Marketing Services,MossBev,and Digital Printing divisions.
We are proposing to invest$250,000-$300,000 in new machinery and equipment to help maintain and broaden a market
segment we serve. This investment will help us grow,which we anticipate will result in retention of our employees with the
creation of at least two new positions.We are committed to the city of South Bend,and request that the Council approve
this request.
f_f;I1
f
I i
Certified Technology Park appropriate No I r• '•■ •
i
9 iS
Community Revitalization Enhancement
District Urban Enterprize Zone L_ j
Certify that the Building Permit has not been No Number of residential units created by 0tT.
issued IY/Nl orciect _
If this is a petition for personal property tax abatement,has
No
the equipment been installed
Investment Details
Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased in What is the value of any equipment being
site of project in dollars) received? Indiana for the project? purchased from out of state for the project?
None No $3,000.00 to$50,000.00 $247,000.00
New Project Investments
Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022
Land Acquisition
Building Lease Payments
Building Purchase Costs
New Building Construction
Existing Building Improvements
New Machinery&Equipment $240,000 $250,000
Special Tooling/Retooling
New Furniture/Fixtures $46,000
New Computer/IT Hardware 58,000 $8,000
New Software
On-site Rail Infrastructure
On-site Fiber Infrastructure
OTAL
Full-Time Permanent Indiana-Resident Positions by Calendar Year [employment for Sample Street/Project location]
Calendar Year lobs retained Total hourly Cumulative#of net NEW full time Hourly average wage,w/o Total training Total#to be
wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not
fringe or cumulative net new jobs not cumulative
bonuses cumulative
2015 99 $5,071,500 I) —_ 0
2016 2 $50,000.00 S 11100 11;0+ All
2017
2018
2019
2020 - .i ")...:4•14:t4..
5,1 ._:.;�.
2021 t
2022 y �.,�z! ,•
2023 .,ma, fta ."5:7.
2024 s=u�i5, :
2025
:4-4.*.mays •5.
� r
2026
• .t!:i j
Provide hourly wage information for new employees in the following positions.
Full time Part time
Laborers
•
Technical • tihS•
Managerial $24.00/hour 'r
Administrative
n owl •e t ein•iv•ua responsi•e or coor.fluting wit
WorkOne on recruitin:? Donita Zapata
Does your company have an EEO hiring policy? yes Are you an EEO employer?
Yes
Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to
the last three years: diversity and inclusion by detailing your
outreach and recruitment efforts for the last
Year 2013 7011 2015 three years as well as current policies.
Full lime Part Time Full Time Part Time Full Time Part Time
Black 5 0 4 0 6 0 Mossberg&Company is an equal
Hispanic 1 0 4 0 2 0 decisions s ons a e balsed on merit y and need
Asian 0 0 0 0 0 0 and not on race,color,citizenship
status,national origin,gender,age,
Indian 0 0 0 0 0 0 religion,disability,sexual orientation,or
any other status protected by law. We
Female 25 0 25 1 28 1 continue to recruit through various broad
means,to broaden our reach and pool
Other 73 1 66 1 63 1 of interested applicants.
Complete below for Real or Personal Property Tax Abatement only.
Please sign for all requested incentives.
Public Benefit Item:
Information is required on both the construction companies and the
companies which will provide materials purchased for this project.
complete the table below with the appropriate Qualify
Please com
p ppro riate information. If Earned Points Available Points
(Yes or No)
you qualify for the points,please enter the full amount of available
points.
1 Construction Related(Contractors):
A. Employ Local Companies(75%) N/A 20
B. Purchase Materials from Local Companies(75%) N/A 20
C. Require Employees vs.Independent Contractors N/A 19
D. Require Prevailing Wage(Davis Bacon) N/A 22
E. Require Health Benefits I N/A 22
F. Require Pension Benefits N/A 18
G. Maintain Affirmative Action Plan N/A 20
'Sub-total Construction Related: 0 141
2 Wage&Benefit Related(Owner):
A. Pay Target Wage Levels Yes 33 33
B. Provide Health Benefits Yes 34 34
C. Provide Pension Benefits Yes 29 29
D. Provide Training Yes 28 28
E. Provide Child Care 15
F. Provide Transportation Assistance 14
G. Provide Employer Assisted Housing program g
Sub-total Wage&Benefit Related: 162
3 Workforce Related:
A. Create New Jobs Yes 42 42
B. Retain Existing Jobs Yes 41 41
C. Maintain Affirmative Action Plan No 35
No
D. Provide Targeted Hiring Preference 34
Sub-total Workforce Related: 83 152
Support a Municipal Facility:
Support a SB Municipal Facility(donations to the
A. Yes 84
zoo,conservatory,museum,etc.)
Name of Facility St.Joseph County Bridges Out of Poverty,South Bend 150,Real Sen
ISub-total Municipal Facility: 84
Sub-total from Above: 207 539
The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City
of South Bend for a real and/or personal property tax abate ent consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and
South :end Municipal Code S:cf` •t seq.,for this petition state the above.
Submitted By: IIMIIMMICANIII Date: l 0 —
What Is the current assessed value? Real Property: $590,300 Personal Property: $5,448,540
What is the projected assessed value? Real Property: $590,300 Personal Property: Reg.16
What is the tax key number for this project? Tax ID Number: 71-018-06830-00;Property Number: 71-126-06830-00
What is the six digit NAICS code?
323111 Commercial Printing
Please attach a Google map and street view of the location.
See Attachment#1
Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes:
paid for the last five years when applicable.
Year One 2015 $21,330
$168,559
YearTwo 2014
$17,237 $183,274
Year Three 2013 $16,994
$198,133
Year Four 2012 $16,111
$195,986
Year Five 2011 $16,306
$202,241
Staff Use Only
Please fill out the Public Benefit Summary Information and add to the total from above.
(Y_or� 1 Points Points
Public Benefit Item:
Project Related:
5 A. Redevelop a Site that has Special Needs 49
B. Develop Based on Local University Research 35
C. Achieve a Physical Element of a Plan 36
Sub-total Project Related: 0 120
6 Super Size Projects(point values are cumulative):
A. 100%to 199% 25
B. 200%to 299% l 68
C. _300%to 399% I 65
D. 400%and Over 52
Sub-total Super Size Projects: 0 210
7 Pay for Municipal Infrastructure:
A. Pay for Oversizing or Upgrading 14
B. Pay for 26-50%of Extension Cost 26
C. Pay for 51-75%of Extension Cost 39
D. Pay for 76-100%of Extension Cost 52
Sub-total Infrastructure Related: 0 131
Total from Applicant Section: 207 539
Total from Staff Section: 0 461
Total Public Benefit Points: 207 1000
Supplement to Petition for Incentives
Frequently Asked Questions
We are frequently asked to explain the following questions,in an effort to clarify we are providing answers
below.
1)How do I pay my petition filing fee?
Your petition 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
your property is not located in either then the answer would be no.
3)Community Revitalization Enhancement District?(Page one,under project overview)
••mss,
The map below outlines the CRED area,please check to see if you fall within the boundaries. . C3
__. -`a CREeD District Boundary - \
__.. -ur -----,,__F.. -- gq
... Grace' ��``,_ _South South 'S C�crl
.
Fort - ., Oriyer Prow s moo' - .-- __' - ti
c
en •S . ._: (Sp
'Poland-.
u� - ;I C,
E Dunham - - f
�
i I.Esher Tutt Tutl
I
2
ISample
3 Kerr c
Ohio
Garst
O
4� I Ignition Stull c
a
c . Broadway
f�Edward __ g ' $-_ - Y — Haney
Legend o t 3. a s` N
QCREeD Dismal g Intllana O V - g 7ntlianaI—4. E .,
r I South Bend Percels n owl` N
ic
4) Has any 504 funding been received? (Page one,under investment details)
504 Funding is a loan that come from the Small Business Administration. This funding must be 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 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 sheintze@southbendin.gov
w..
<.,R� STATEMENT OF BENEFITS
I y° '_' PERSONAL PROPERTY FORM SB-1 /PP
! State Form 51764(R2/12-11)
Prescribed by the Department of Local Government Finance PRIVACY NOTICE
The cost and any specific individual's
salary information is confidential;the
balance of the filing is public record
INSTRUCTIONS; per IC 6-1.1-12.1-5.1(c)and(d).
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted
to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distribution
equipment and/or information technology equipment for which the person wishes to claim a deduction. "Projects"planned or committed to after July 1, 1987,
and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (!C 6-1.1-12.1)
2. Approval of the designating body(City Council, Town Board, County Council,etc.) must be obtained prior to installation of the new manufacturing equipment
and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment,BEFORE a deduction may
be approved
3. To obtain a deduction,a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule(Form
103-ERA)with the township assessor of the township where the property is situated or with the county assessor if there is no township assessor for the
township. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and
development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing
extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1/PP annually to show compliance with the
Statement of Benefits. (IC 6-1.1-12.1-5.6)
5. The schedules established under IC 6-1.1-12.1-4.5(d)and(e)apply to equipment installed after March 1,2001, unless an alternative deduction schedule is
adopted by the designating body(IC 6-1.1-12.1-17).
SECTION 1 TAXPAYER INFORMATION
Name of taxpayer
Mossberg&Company,Inc.
Address of taxpayer(number and street city,state,and ZIP code)
301 East Sample Street,South Bend,IN 46601
Name of contact person
James Hillman Telephone number
574-289-9253
SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT
Name of designating body
South Bend Common Council Resolution number(s)
Location of property I County
301 East Sample Street,South Bend,IN 46601 DLGF taxing district number
St.Joseph 71026
Description of manufacturing equipment and/or research and development equipment
and/or logistical distribution equipment and/or information technology equipment. ESTIMATED
(use additional sheets if necessary) START DATE COMPLETION DATE
Manufacturing Equipment 1/1/2016 3/1/2017
R&D Equipment
Mossberg&Company.Inc.proposes to invest in new manufacturing/bindery equipment.
Logist Dist Equipment
IT Equipment
SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT
Current number Salaries Number retained Salaries
99 $5,071,500/yr 99 55,071,500tyr 2umberaddilional Salaries
5100,000/year
SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT
NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the MANUFACTURING R&D EQUIPMENT LOGiST DIST
EQUIPMENT EQUIPMENT IT EQUIPMENT
COST of the property is confidential. COST ASSESSED ASSESSED
VALUE COST VALUE COST ASSESSED COST ASSESSED
VALUE VALUE
Curren(values
$18,161,806 $5,448,540
Plus estimated values of proposed project $250M-5300M Reg.16
Less values of any property being replaced o 0
Net estimated values upon completion of project 518.411.806+ Reg.16
SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER
Estimated solid waste converted(pounds) L Estimated hazardous waste converted(pounds)
Other benefits:
SECTION 6 TAXPAYER CERTIFICATION
I r by certify that the representations in this statement are true.
Signaler- of a horized regrew tat' e Title
� , / i Date signed(month,day,year)
`dy- v_ I President&CEO
_
(
Page 1 of 2
'J
FOR USE OF THE DESIGNATING BODY
We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards
adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1-2.5, provides for the following limitations as
authorized under IC 6-L1-12.1-2.
A.The designated area has been limited to a period of time not to exceed• calendar years*(see below). The date this designation expires
is
B.The type of deduction that is allowed in the designated area is limited to:
1. Installation of new manufacturing equipment; 03 Yes l N o
2. Installation of new research and development equipment; a Yes Dl N o
3. Installation of new logistical distribution equipment. 03 Yes D N 0
4. Installation of new information technology equipment; l IYe s ❑N o
C. The amount of deduction applicable to new manufacturing equipment Is limited to$ cost with an assessed value of
$
D. The amount of deduction applicable to new research and development equipment is limited to$ cost with an assessed value of
E.The amount of deduction applicable to new logistical distribution equipment is limited to$ cost with an assessed value of
F. The amount of deduction applicable to new information technology equipment is limited to$ cost with an assessed value of
G. Other limitations or conditions(specify)
H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or
new information technology equipment installed and first claimed eligible for deduction on or after July 1,2000,is allowed for:
® 1 year ❑ 6 years '"For ERA's established prior to July 1,2000,only a
❑ 2 years El 7 years 5 or 10 year schedule may be deducted.
❑ 3 years El 8 years •
❑4 years ❑ 9 years
oi 5 years" ❑ 10 years
I. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17? Yes 0 No
If yes,attach a copy of the alternative deduction schedule to this form.
Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved:(signature and title of authorized member) Telephone number Date signed(month,day,year)
( )
Attested by: Designated body
•If the designating body limits the time period during which an area is an economic revitalization area,It does not limit the length of time a taxpayer is
entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5
I ..•.
ern �9 '7015
t,r'^' _
Page 2 of 2
Attachment#1: City of South Bend Petition for Incentives Application
Mossberg&Company, Inc.
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301 East Sample Street, South Bend, IN 46601 L..._
November 30, 2015 et �,r`I F.,,
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ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
FIRST E/W ALLEY NORTH OF CALIFORNIA AVE. BETWEEN SHERMAN AVE.
AND THE NORTH/SOUTH ALLEY
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is
charged with the authority to hear all petitions to vacate public ways or public
places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDERED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held
a Public Hearing on the petition to vacate the following property:
THE FIRST EAST/WEST ALLEY NORTH OF CALIFORNIA AVENUE FROM
THE EAST RIGHT OF WAY LINE OF SHERMAN AVENUE TO THE FIRST
NORTH/SOUTH ALLEY FOR A DISTANCE OF 128 FEET AND A WIDTH OF 10
FEET. BEING A PART OF WARDS SUBDIVISION AND A PART OF
MUESSEL'S 1sT ADDITION TO THE CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and
easements of all utilities and the Municipal City of South Bend, Indiana, to
construct and maintain any facilities, including, but not limited to, the following:
electric, telephone, gas, water, sewer, surface water control structures and
ditches, within the vacated right-of-way, unless such rights are released by the
individual utilities.
SECTION III. The following property may be injuriously or beneficially
affected by such vacating:
018-1085-3608
018-1085-3609
018-1085-3610
018-1085-3611
018-1085-3597
SECTION IV. The purpose of the vacation of the real property is
to repurpose an unused alley, increase vehicular safety, to improve the quality of
life and to address public safety concerns.
This is an east/west cross alley which has not been maintained with either
asphalt or gravel. It is currently grass area, with neighbors maintaining. Vehicles
could not safely access the alley in its current condition. The vacation will
additionally help to contain trash and provide ownership of an unused alley
easement.
SECTION V. This ordinance shall be in full force and effect from and after
its passage by the Common Council and approval by the Mayor.
timber o eVCommon Council
Attest of s., q^.b" tf @rs
Cpl r+.tI o sa i 3 r '''.,-
City Clerk CWT
Presented by me to the Mayor of the Cory of South Bend, Indiana on the
day of , 2 , at o'clock .m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock .m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
1 st READING
t —1 S C' l Q2 2f�ia
Punic HEARING JOHN VOO
3 rd READING CITY CLERK,SOUTH SEND,IN
NOT APPROVED
REFERRED
PASSED
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE: Ni2v. ✓)i 24 Cr
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
6Aeran /%e, ad W . N/ A//ei
B. THE STREET DESCRIBED AS:
NAME signed & printed) ADDRESS // LOT#
ti ; a lots c �p &nk, htR
VV >uLA, • J�,t,t f vl 4(e I(P
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5.n hGuk. ta_LA( tO (7 (Al i GoSni - cp.in,
ar.`);_c\-cweik
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Aar _ 661 IV
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(._ 4€4111. Po. etk /132 j(1047 , l�
/4.4CMO / ''11 die 103 - 3Sg7
/Ve L LtO A3 " 7G•E G�
J CONTACT PERSON (S)
NAME: 4 i, Lei,; ry 4.1 s i 11:1W 23
RETURN TO: Ji ,�}
OFFICE OF THE CITY CLERK ADDRESS: % C a.(, ir,,u /7
JOHN VOORDE, CITY CLERK � /,
ROOM 455-COUNTY-CITY BUILDING cS".6# 4e,.'l h.) ""j4 14.
SOUTH BEND, IN 46601
574-235-9221 PHONE: S7 rx'3e2 7; $ i
ce
3 2 20 16
CITY CLERK,K,SOUTH BEND,IN
November 12, 2015
To Whom It May Concern:
I, and my neighboring homeowners and landowners are requesting the vacation of the
following alley:
The first east/west alley north of Sherman Ave. from the east right of way line of
Sherman Ave. to the first north/south alley for a distance of 128 feet and a width of 10
feet.
We wish to close the alley in order to repurpose an unused alley, increase vehicular
safety,to improve the quality of life in the neighborhood, and to address public safety
concerns.
This alley is an east/west cross-alley which has not been maintained with either asphalt or
gravel. It is currently grass area, with neighbors maintaining the area, but not able to use
the area. Vehicles could not safely access the alley in its current condition. The vacation
will additionally help to contain trash and provide ownership of an unused alley
easement.
Thank you for your consideration.
Sincerely,
In]
Kimberly Bonenfant-Juwong
1015 California Ave
South Bend, IN 46616
Filed in Cleric's O Fice
.- -V2 Li is
JOHN Vi3aa
CITY CLERK,SOUTH BEND,IN
4=3526
4-3540 3-3080
4-3528' , 4-3533 0
4-3539 4-3541
4-3534 018.1084) 018-1084 4-3542
61 6'00o0b 0 0-63
4-3529 IS 1,‘0
4-3530 4-3535 4-3543 �g00`L 018-107-J 9�`0 �ry
4-3536 018-1084 4o t-
4-3544 01) 0 N
n ? 00 co
4-3531 4-3537 - 4-3545 co 0a 0�'
0
00
M �I
ci 1
O�
5-3580 5-3594 '5
5-3562
018-1085 0
C \ ni,P
0
G
5-3563 5-3581 8-1085 0 5-3595 3-3094
`
'c 018-1073
5-3564 5-3582 CO Cc;
5-3596
5-3597 ,33009
5-3565 5-3583 - 126.48 '
m m 5-35 018-1085 p �������������� rn
M M m n
gi
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to M I h M N M C)th co
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018.1085 co m 0184073
5-3585
California Ave
5-3587 018.1072
5-3570 co 5-3598 co co
0
CW73 LO
C? N N M Q M
5-3572 - 5-3600 _<v C o N
N co N
018-1085
5-3573 5-3588 5-3601 2_3036 •R N
= 2-3054
5-3574 5-3589
5-3602 018-1085 018-1072 2-3037
5-3575
---„, 2-3055 Pi ea 0
iril, 6,-' ,
OM
LEGAL DESCRIPTION v
airy do� 0;,; 1
The alley to be vacated is the first East/West alley North of California Avenu- • . , .1 r
O �°5' i
right of way line of Sherman Avenue to the first North/South alley for a distance of - : -� „ -
a width of 10 feet. Being a part of Wards Subdivision and a part of Muessel's 1st Addition to 04)air
City of South Bend, Portage Township, St. Joseph County, Indiana.
-
I i 03.
Li
•/018-1085-3601 918 SHERMAN AVE South Bend IN 46601 SCHNEIDER HOMES LLC 242 Hale St San Francisco CA 94134 i S
L.
co
C) be
i c tsi o¢
a 018-1085-3582 1013 SHERMAN AVE South Bend IN 46616 LANG TERRENCE E 17770 Tanager Ln South Bend IN 46635 -2 m
SHIELDS ANDREW P AND S U
JON KARA SYLVESTER m
-018-1085-3610 1017 CALIFORNIA AVE South Bend IN 46616 JOHNSON 1017 California South Bend IN 46616 1L V
BONENFANT FRANCIS AND
018-1085-3611 1015 CALIFORNIA AVE South Bend IN 46628 JUWONG KIMBERLY 1015 California South Bend IN 46616
t 018-1085-3584 1007 SHERMAN AVE South Bend IN 46616 REEVES STEVEN 1007 SHERMAN South Bend IN 46616
018-1073-3085 1039 PORTAGE AVE South Bend IN 46616 TIEDGE BRYN 1039 Portage Ave South Bend IN 46616
AVGERINOS NICHOLAS
4 018-1085-3600 920 SHERMAN AVE South Bend IN 46601 AKA NICK AVGERIONS 1021 N Lafayette South Bend IN 46617
WILLIAMS SHARON ANN&
WILLE MAE LIFE ESTATE
018-1073-3084 1043 PORTAGE AVE South Bend IN 46616 W/R/T/S 2814 Rock Maple Ct South Bend IN 46628
J 018-1085-3588 917 SHERMAN AVE South Bend IN 46616 ALLEN DAVID A&BONNIE J 29340 Lynn St New Carlisle IN 46552
• 018-1085-3596 1012 SHERMAN AVE South Bend IN 46616 MEZO MANUEL 1012 Sherman South Bend IN 46616
KAMAS NICOLAS D AND
J 018-1073-3087 1025 PORTAGE AVE South Bend IN 46616 JAMES S JTWFROS 1025 Portage Ay South Bend IN 46616
ParcelldCounty Prop Address PropCity Prof PropZIP Owner Name OwnerAddress OwnerCity Own OwnerZlP
018-1084-3537 1021 SHERMAN AVE South Bend IN 46616 WILLIAMS ALISA D&ANTONIA 2505 Prast Blvd South Bend IN 46628
BINGHAM MARCELINE Y
'1 018-1084-3545 1022 SHERMAN AVE South Bend IN 46616 SEE TRANSFER NOTE 1022 Sherman South Bend IN 46616
NEAR NORTHWEST
Y 018-1073-3093 1043 PORTAGE AVE South Bend IN 46616 NEIGHBORHOOD INC. P.o.Box 1132 South Bend IN 46624
- 018-1073-3086 1035 PORTAGE AVE South Bend IN 46616 NITZ SUSAN M 1035 Portage Av South Bend IN 46616
SANCHEZ GUSTAVO ONOFRE
• 018-1085-3587 919 SHERMAN AVE South Bend IN 46616 &OSORIO CRISTINA VIVAR 919 Sherman Ave South Bend IN 46616
• 018-1085-3598 924 SHERMAN AVE South Bend IN 46616 ALEXANDER CHRIS 924 Sherman South Bend IN 46616
• 018-1085-3599 1016 CALIFORNIA AVE South Bend IN 46616 MCGHEE JEAN ELLA 1010 California Ave South Bend IN 46616
i 018-1072-3033 1010 CALIFORNIA AVE South Bend IN 46628 MCGHEE JEAN 1010 California Ave South Bend IN 46628
EQUITY TRUST COMPANY
i 018-1072-3034 1008 CALIFORNIA AVE South Bend IN 46628 DBA STERLING TRUST 1101 Wooded Acres Waco TX 76710
ADMINISTRATOR OF
1018-1072-3035 1004 CALIFORNIA AVE South Bend IN 46628 VETERANS AFFAIRS 4-14790 575 N Pennsylvania St Indianapolis IN 46204
018-1085-3609 1019 CALIFORNIA AVE South Bend IN 46616 MCFARLANE CURTIS 1019 California Ave South Bend IN 46616
4 018-1072-3036 917 HARRISON ST South Bend IN 46616 CANTU ROSIE P 917 Harrison Ave South Bend IN 46616
PAUL KUNAL&PITTSLEY
( 018-1085-3585 1003 SHERMAN AVE South Bend IN 46616 DELILAH 1003 Sherman South Bend IN 46616
x 018-1085-3608 1023 CALIFORNIA AVE South Bend IN 46616 JONKER RACHEL L 1023 California South Bend IN 46616
• 018-1085-3595 1014 SHERMAN AVE South Bend IN 46616 SANCHEZ JUAN C 1014 Sherman South Bend IN 46616
•018-1073-3094 1035 PORTAGE AVE South Bend IN 46616 SULLIVAN GARY P O Box 10144 South Bend IN 46680
• 018-1085-3581 1015 SHERMAN AVE South Bend IN 46616 AEQUITAS I LLC 1644 East 1100 South Springville UT 84663
NEAR NORTHWEST
018-1085-3597 1008 SHERMAN AVE South Bend IN 46616 NEIGHBORHOOD INC PO Box 1132 South Bend IN 46624
• 018-1085-3583 1011 SHERMAN AVE South Bend IN 46616 ZWIERZYNSKI MARY ANN 1011 Sherman Street South Bend IN 46616
NEAR NORTHWEST
• 018-1073-3095 1009 CALIFORNIA AVE South Bend IN 46616 NEIGHBORHOOD INC PO Box 1132 South Bend IN 46624
NEAR NORTHWEST
• 018-1073-3096 1005 CALIFORNIA AVE South Bend IN 46616 NEIGHBORHOOD INC PO Box 1132 South Bend IN 46624
• 018-1073-3097 1001 CALIFORNIA AVE SOUTH BEND IN 46616 SYLVESTER MONIQUE 1001 CALIFORNIA South Bend IN 46616
• 018-1073-3098 921 CALIFORNIA AVE South Bend IN 46616 WELLBORN GERALD 921 California Ave South Bend IN 46616
• 018-1085-3580 1017 SHERMAN AVE South Bend IN 46616 NET WORKS LLC 404 E Main St Niles MI 49120
B AND R INVESTMENT
• 018-1085-3594 1018 SHERMAN AVE South Bend IN 46628 PROPERTIES LLC 611 S Main Mishawaka IN 46544
/ SDUTX
1316 COUNTY-CITY BUILDING ;'7ti\ \ j ,: PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD U \ I, ,. $;: FAX 574/235-9171
SOUTH BEND, INDIANA 46601-1830 :c4�� SEA
\ 865
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
September 22,2015
Ms. Kimberly Bonenfant-Juwong
1015 California Ave
South Bend, IN 46616
RE: Alley Vacation — First E/W Alley North of California Ave. between Sherman Ave. and the
North/South Alley(Preliminary Review)
Dear Ms. Bonenfant-Juwong:
The Board of Public Works, at its September 22, 2015, meeting, reviewed comments by the
Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police
Department, and the Solid Waste Division. The following comments and recommendations were
submitted:
Area Plan stated that the vacation would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous. The vacation would make
access to the lands of the aggrieved person by means of public way difficult or inconvenient. The
vacation would not hinder.the public's access to a church, school or other public building or place.
The vacation would hinder the use of a public right of way by the neighborhood in which it is located
or to which it is contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation
of half the alley from California to N/S Alley,not all the way to Portage Ave. Approval is also subject
to an access agreement with the three(3)contiguous lot owners.
Please contact Tony Molnar at(574)235-9254 prior to picking up your radius map. You
will need a radius map showing properties within 150' of the proposed vacation for your petition to
the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your
alley vacation packet.
Sincerely,
ta÷
Linda M. Martin,Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
•
GARY A. CILOT DAVID P RELOS KATHRYN E.Roos ELIZABETH A. MARADIK BRIAN J. PAwLOWSKI
-
eV;d�7.
L
INTER-OFFICE-MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 8/28/2015
TO: Fete Kaminski, Street Department
r/Mike Bronstetter, Solid Waste
•ICorbitt Kerr, Engineering Department
Jitin Kain, Community Investment
ederico Rodriguez, Fire Department
1/Carry Magliozzi,Area Plan Commission (Imadlioz(&co.st-
loseoh.in.us or 235-9813 fax)
4 Gene Eyster, Police Department
Phil Griffin, NIPSCO (pm nriffin . isource.com) (FYI Only)
FROM: Linda M. Martin, Clerk_"
SUBJECT: REQUEST FOR RECOMMENDATION —ALLEY VACATION
APPLICANT: Kimberly Bonenfant-Juwong
LOCATION: First E/W Alley North of California Ave. between Sherman
and Portage Ave
DATE DUE: September 1, 2015
FAX OR E-MAIL TO: 235-9171 / Imartin( southbendin.gov
PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING
IC 36-7-3-13 CRITERIA:
1. The vacation would/would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous.
2. The vacation would/would not make access to the lands of the aggrieved person
by means of public way difficult or inconvenient.
3. The vacation would/would not hinder the public's access to a church, school or
other public building or place.
4. The vacation would/would not hinder the use of a public right-of-way by the
neighborhood in which it is located or to which it is contiguous.
COMMENTS:
By Date
-
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OMPAMY
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4 PORTAGE T W P Board o1 Public Work- SCALE; I"• 100':=!
E.1/2 N.W.I/a S EC. 2 T.37 N. R.2 E. SEP ;2-1^1r�)1 8 _
i f
/ ,,•- .,7r
Elizabeth Horvath
From: Patrick C. Kerr
Sent: Monday,August 31, 2015 9:50 AM
To: Elizabeth Horvath
Subject: RE:Alley Vacation - Kimberly Bonenfant-Juwong
No objection.
From: Elizabeth Horvath
Sent: Friday,August 28,2015 1:11 PM
To: Pete Kaminski<pkaminsk @southbendin.gov>; Michael Bronstetter<mbronste@southbendin.gov>; Patrick C. Kerr
<pckerr @southbendin.gov>;.Jitin Kain<jkain @southbendin.gov>; Federico Rodriguez<frodrigu @southbendin.gov>;
Larry Magliozzi<LMAGLIOZ @co.st-joseph.in.us>; Eugene Eyster<eeyster @southbendin.gov>
Subject:Alley Vacation-Kimberly Bonenfant-Juwong
Please provide your recommendations.
LS
fforvottiv
Secretary
Department of Public Works
227 W.Jefferson Blvd.,Suite 1316
South Bend,IN 46601
574-235-3168
lhorvath @southbendin.gov
f. , ix=!
1
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 8/28/2015
TO: Pete Kaminski,Street Department
Mike Bronstetter,Solid Waste
Corbitt Kerr, Engineering Department
Jltin Kain,Community Investment
Federico Rodriguez, Fire Department
Larry Magliozzi,Area Plan Commission(Imaglioza co.st-
ioseph.in.us or 235-9813 fro() •
Gene Eyster, Police Department
Phil Griffin, NIPSCO m r n, nisource.com)(FYI Only)
FROM: Linda M.Martin, Cfer
SUBJECT: REQUEST FOR RECOMMENDATION—ALLEY VACATION
APPLICANT: Kimberly BonenfantJuwong
LOCATION: First E/W Alley North of California Ave.between Sherman
and Portage Ave
DATE DUE: September 1,2015
FAX OR E-MAIL TO: 235-9171/Imartin(c isouthbendin.gov
PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING
IC 36-7-3-13 CRITERIA:
1. The vacation would •uld not fader the growth or orderly development of the
unit or neighborho•• is it is located or to which it is contiguous.
2. The vacation woul• •uld no make access to the lands of the aggrieved person
by means of public -, n cult or Inconvenient.
3. The vacation would . •uld no inder the public's access to a church,school or
other public building or . .. . .
4. The vacation would quid no i inder the use of a public right-of-way by the
neighborhood in%V. is ocated or to which it Is contiguous.
COMMENTS:
By -21....a.rszcc Date %—3 I— I S
•
Elizabeth Horvath
From: Eugene Eyster
Sent: Monday,August 31, 2015 3:12 PM
To: Elizabeth Horvath; Pete Kaminski; Michael Bronstetter; Patrick C. Kerr;Jitin Kain; Federico
Rodriguez;Larry Magliozzi
Subject: RE:Alley Vacation - Kimberly Bonenfant-Juwong
Ms. Horvath,
The Police Department would have no objection to the approval of this request.
Lt. Eyster
From: Elizabeth Horvath
Sent:Friday,August 28,2015 1:11 PM
To: Pete Kaminski<pkaminsk @southbendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>;Patrick C. Kerr
<pckerr @southbendin.gov>;Jitin Kain<jkain @southbendin.gov>; Federico Rodriguez<frodrigu @southbendin.gov>;
Larry Magliozzi<LMAGLIOZ @co.st-joseph.in.us>; Eugene Eyster<eeyster @southbendin.gov>
Subject:Alley Vacation-Kimberly Bonenfant-Juwong
Please provide your recommendations.
Urn }EorvatSv
Secretary
Department of Public Works
227 W.Jefferson BIvd.,Suite 1316
South Bend.IN 46601
574-235-3168
lhoruath @southbendin.gov
SOUTH BFI ,
i .
1
Elizabeth Horvath
From: Federico Rodriguez
Sent: Monday,August 31, 2015 11:30 AM
To: Elizabeth Horvath; Pete Kaminski; Michael Bronstetter; Patrick C. Kerr;Jitin Kain; Larry
Magliozzi;Eugene Eyster
Subject: RE:Alley Vacation- Kimberly Bonenfant-Juwong
unfavorable: Reason #2 The vacation would make access to the lands of the aggrieved persons by means
of public way difficult or inconvenient for fire accessibility.
Federico (Chico) Rodriguez Fire Marshal
l Office: (574) 235-7564
Mobile: (574)876-6734
��/' 1222 S. Michigan Street
City of South Bend, In 46601
frodrigu @southbendin.gov
From: Elizabeth Horvath
Sent: Friday,August 28, 2015 1:11 PM
To: Pete Kaminski<pkaminsk @southbendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>; Patrick C. Kerr
<pckerr @southbendin.gov>;Jitin Kain<jkain @southbendin.gov>; Federico Rodriguez<frodrigu @southbendin.gov>;
Larry Magliozzi<LMAGLIOZ @co.st-joseph.in.us>; Eugene Eyster<eeyster@southbendin.gov>
Subject:Alley Vacation-Kimberly Bonenfant-Juwong
Please provide your reconunendations.
Livery }forvaLtly
Secretary
Department of Public Works
227 W.Jefferson Blvd..Suite 1316
South Bend,IN 46601
574-235-3168
Ihorvath @southbendin.gov
oYT!a;:
c.;1
i.Y iz...
1
y)
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 8/28/2015
TO: Pete Kaminski, Street Department
Mike Bronstetter, Solid Waste
Corbin Kerr, Engineering Department
Jilin Kain, Community Investment
Federico Rodriguez, Fire Department
Larry Magliozzi, Area Plan Commission (Imapitoz aO.co.st-
joseph.in.us or 235-9813 fax)
Gene Eyster, Police Department
Phil Griffin, NIPSCO(pmgriffn nisource.com)(FYI Only)
FROM: Linda M. Martin, Clerk,.
SUBJECT: REQUEST FOR RECOMMENDATION—ALLEY VACATION
APPLICANT: Kimberly Bonenfant-Juwong
LOCATION: First EM Alley North of California Ave. between Sherman
and Portage Ave
DATE DUE: September 1,2015
FAX OR E-MAIL TO: 235-9171 /Imartin@southbendin.gov
PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING
IC 36-7-3-13 CRITERIA:
1. The vacation-weaid/wouid not hinder the growth or orderly development of the
unit or neighborhood in which ft is located or to which it is contiguous.
2. The vacation wouldMaert make access to the lands of the aggrieved person
by means of public way difficult or inconvenient.
3. The vacation d/would not hinder the public's access to a church, school or
other public building or place.
4. The vacation would/would:net hinder the use of a public right-of-way by the
neighborhood in which it Is located or to which it is contiguous.
COMMENTS:
The alley provides access to 3 adjacent lots. The vacation should be
subject to consent from the 3 contiguous lot owners.
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6 - L & & 1
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES
LOCATED AT 5603 F J NIMTZ PARKWAY, THE SOUTHWEST CORNER OF F J
NIMTZ PARKWAY AND MOREAU COURT AND PROPERTY NORTH OF AND
ADJACENT TO 3575 MOREAU COURT, SOUTH BEND, INDIANA,
COUNCILMANIC DISTRICT NO. l IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM 0 OFFICE DISTRICT
TO LI LIGHT INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE INDUSTRIAL
DEVELOPMENT OF VARIOUS TYPES FOR THE BLACKTHORN CORPORATE
OFFICE PARK CAMPUS.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, as amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is amended in order that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana:
A part of the Southwest Quarter of Section 20, Township 38 North, Range 2 East,
German Township, City of South Bend, St. Joseph County, Indiana which is described
as: Lots #1BB and #1CC of the Plat of"Blackthorn Corporate Office Park Minor #3,
First Replat" and Lot # 1 of the Plat of"Blackthorn Corporate Office Park Minor #9"
both as recorded in the records of the St. Joseph County, Indiana Recorder's Office.
Containing 25.25 Acres more or less.
Subject to all legal highways and easements of record,
be and the same is hereby established as LI Light Industrial District.
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
Member off' 'h- ' • on Council �+-
Signing ofUttbC"Nt^irk/b provide an
Attest: °' `;c:tng and
COLanCA actkn 16..,;)
City Clerk
2
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 20 , at o'clock .m.
City Clerk
Approved and signed by me on the _day of
20 , at o'clock .m.
Mayor of the City of South Bend, Indiana
Filed In Clerk's Office
1st READING t2-14't81
DEC QQZQ15
PUBLIC HEARING
3 rd READING JOHN MONDE
NOT APPROVED CITY CLERK,SOUTH BEND,IN j
REFERRED
PASSED
PETITION TO REZONE
City of South Bend,Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The subject property is located at:
Properties located at 5603 F J Nimtz Parkway,the Southwest corner of F J Nimtz Parkway and
Moreau Court and property North of and adjacent to 3575 Moreau Court, South Bend,Indiana.
2) The property Tax Key Number(s)is/are:
25-1018-062401 25-1018-062410 25-1018-062411
3) Name and address of property owner(s)of the petition site:
Department of Redevelopment of the City of South Bend
C/O
City of South Bend-Department of Community Investment
Attn:Mr.David Relos
14th Floor County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
574-235-9371,DRelos@southbendin.gov
4) Name and address of contingent purchaser(s),if applicable:
NM
E-Mail Address N/A
5) It is desired and requested that this property be rezoned:
From: 0 Office District
To: LI Light Industrial District
6) This rezoning is requested to allow the following use(s):
To allow Industrial uses that will be compatible with the Blackthorn Corporate Office Park Campus.
Attached,and made a part of this PETITION,is:
(a)a copy of a legal description of the property;
(b)a list of names and addresses of all property owners,and the tax key numbers for all properties
within 300 feet of the petition property;
CONTACT PERSON:
Name: Danch,Horner&Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574-234-4003 mdanch @danchharner.com
Signature(s)of All Property owner(s),or
signature of Attorney for all property owner(s):
David R /�
elos-
For the Depart of Redevelopment for the City of South Bend
Filed In Clerk's Office
rEciu$ 205
JOHN CITY CLERK, R
ERK,,SOUTH H SEND,IN t
Property Owners
Within 300 Feet
St. Joseph County Airport Authority St. Joseph County Airport Authority Department of Redevelopment
4477 Progress Dr 4535 LincolnWay W 227 W Jefferson
South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46601
3575 Moreau LLC St. Joseph County Airport Authority Blue Herron
1205 Frank C/O Mitchell Heppenheimer 5540 F J Nimtz
Garden City, New York 11530 South Bend, IN. 46628 South Bend, IN. 46628
Acquisitions Group LLC
6100 F J Nimtz
South Bend, IN. 46628
Feed In Clerk's
Office
rwc
u8 21315
C►Ty_ JOHN 9 ool E
LERN,SOUTH BEND,IH
LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 20, Township 38 North, Range 2 East,
German Township, City of South Bend, St. Joseph County, Indiana which is described
as: Lots #1BB and #1CC of the Plat of "Blackthorn Corporate Office Park Minor #3,
First Replat" and Lot # 1 of the Plat of"Blackthorn Corporate Office Park Minor #9"
both as recorded in the records of the St. Joseph County, Indiana Recorder's Office.
Containing 25.25 Acres more or less.
Subject to all legal highways and easements of record,
Filed in Clerk's Office,
LJ !
JOHN VOORDE
CITY CLERK,SOUTH BEND,IN
ni-IA'
Clench, Flamer & Associates, lnc.
Land Surveyors • Professional Engineers
Landscape Architects . Land Planners
Office: (574)234-4003 /(800)594-4003 l• Fax: (574)234-4009
1643 Commerce Drive • South Bend, IN 46628
Honorable Members of the City of December 3,2015
South Bend Common Council
4*h Floor County-City Building
South Bend, Indiana 46601
RE: Rezoning Petition for properties located at 5603 F J Nimtz Parkway,the Southwest corner of
F J Nimtz Parkway and Moreau Court and property North of and adjacent to 3575 Moreau Court,
South Bend, Indiana:
Dear Council Members:
Our clients are requesting the approval of a Rezoning Petition for their properties located at
5603 F J Nimtz Parkway, the Southwest corner of F J Nimtz Parkway and Moreau Court and
property North of and adjacent to 3575 Moreau Court,South Bend, Indiana.
This requested Rezoning would allow for the approval of an LI Light Industrial zoning
classification to allow for future industrial development of various types for the
Blackthorn Corporate Office Park Campus.
Our clients believe the uses proposed for this portion of the Blackthorn Corporate Office Park
Campus would be compatible with the surrounding mixed office, commercial and industrial uses
in the area.
If you have any questions concerning this matter,please feel free to give me a call at 234-4003.
Sincerely,
Filed in Clerk's Office
Michael J.Danch
President
Danch,Hamer&Associates t u iS CU 13
File No. 15240"C"Md. JOH Vtjajpp
CITY CLERK,SOUTH BEND,IN
Bill No.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ESTABLISHING A POLICE AID PROGRAM AND FUND
STATEMENT OF PURPOSE AND INTENT
Throughout the United States and in cities and towns within the State of Indiana, it has
been effective in the prevention and detection of crime for law enforcement agents to engage
from time to time in undercover activities, often with knowledgeable informants, particularly in
drug trafficking and controlled substance type crimes. To enable this process, it is necessary to
fund undercover operations, to pay for expenses of informants, and to pay miscellaneous
expenses to obtain and secure evidence, including contraband, and ensure its security, among
other things.
To accomplish these purposes a special fund is required which will be subject to internal
accounting and audit rules. However, in the interest of officer protection, the specific
applications and uses of such a fund must be and remain confidential.
Under Indiana law, a city has the power to implement a program for this purpose under
the broad scope of home rule, Indiana Code Section 36-1-3, and such a program is in the best
interest of the safety and security of South Bend, its citizens, and its law enforcement officers.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. Pursuant to Ind. Code 36-1-3, a Police Aid Program is hereby established
for the City of South Bend, Indiana to assist the South Bend Police Department in undercover
law enforcement activities, the services of informants, the procurement and safeguarding of
evidence including contraband, and any and all other similar activities for which such programs
are generally established.
SECTION II. To support and fund the South Bend Police Aid Program, a confidential
petty cash type fund is established which shall be governed by the procedures set forth in Ind.
Code Section 36-1-8-3, and which shall further require minimum documentation similar to either
"Guidelines for the Expenditure of Confidential Funds," published by the United States
Department of Criminal Justice or the "Guidelines for Obtaining and Accounting For
Confidential Funds Used in Support of Criminal Investigations," (Revised S.O.P. INV-009), by
the Indiana State Police.
SECTION III. The South Bend Chief of Police is hereby designated to establish the
specific policies and procedures affecting the Police Aid Fund according to the terms and
conditions of Section II herein, subject to final review and approval by the South Bend Board of
Public Safety. The South Bend Chief of Police shall further assure that the Police Aid Fund
follows its established policies and procedures.
SECTION IV. The Police Aid Fund shall be derived through a line item from the
general fund in the Police Department budget identified and appropriated by the Common
Council of the City of South Bend, the City's fiscal body, which such appropriation was made in
the 2016 Budget for the City of South Bend.
SECTION V. This ordinance shall be in full force and effect after its passage by the
Common Council and approval by the Mayor.
Member, u en Common Council
Signing of this W i,; pmAde an
oppoortut ?; € s' and
Attest:
Council ado u:u«v' ,
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of
, 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock . m.
Mayor, City of South Bend, Indiana
( 1)..=-11/4-N-Cr
1st READING —9 2015
PUBLIC HEARING DF.c.
3 rd READING --- -
NOT APPROVE,',
CITY d5:
REFERRED, - ------ -
PASSED
Sa'u"Ib,E,
:'04 ,di;iCI„ o
1200N COUNTY-CITY BUILDING is \ \ �4 PHONE 574.235 9216
227 W. JEFFERSON BLVD. ���� �� O
w rdnce%. j Fax 574.235.9928
SOUTH BEND,INDIANA 46601-1830 =G � '�
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
December 9, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: Police Aid Program and Fund,
Dear President Scott,
The attached ordinance establishes a Police Aid Program and Fund for the City of South
Bend. During the audit of the City's fiscal year ending December 31,2014, the State
Board of Accounts noted that the City did not have a formal ordinance on file. This is a
similar comment that they noted for many of their other municipal clients.
A representative of the South Bend Police Department will present this bill to the
Common Council at the appropriate committee and council meetings. It is requested that
this bill be filed for 1st reading on December 14, 2015 with 2"d reading,public hearing
and 3`'reading scheduled for the first full Common Council meeting in January 2016.
Thank you for your attention to this request If you should have any questions,please feel
to contact me at 574-235-7678:
Regards,
1 f /
• H.:Murphy U
1 Controller
:"Fred in rig. "IQ's Office
i
I ! -9Z015
CITY Johk,.
C!'d RL ND,lt5
MCA
tor '