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02-23-09 Common Council Meeting Agenda & Packet
AGENDA SOUTH BEND COUNCIL MONDAY, FEBRUARY 23, 2009 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES rHTifMTi 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 04 -09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST -WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD 05 -09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $43,500.00 FROM COUNTY OPTION INCOME TAX (COIT) FUND #404 TO PROVIDE RENT SUPPLEMENT TO THE FAMILY VIOLENCE /SPECIAL VICTIMS UNIT 09 -09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,. INDIANA, APPROPRIATING $25,000.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND FOR THE PURCHASE OF NECESSARY SERVICE, REPAIR, AND REPLACEMENT OF THE HOT WATER HEATER AND 120 GALLON STORAGE TANK IN THE MECHANICAL ROOM OF THE MORRIS PERFORMING ARTS CENTER (FUND NUMBER 416) 10 -09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $59,850.00 PLUS ADDITIONAL NOMINAL INTEREST FROM GENERAL GRANT FUND ( #250) FOR ART IN PUBLIC PLACES, AND CLOSING FUND #250 11 -09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $350,000 FROM THE MAJOR MOVES FUND NUMBER 412 FOR THE ACQUISITION OF PROPERTY NEEDED FOR CONSTRUCTION OF THE AUTEN ROAD CONNECTOR 12 -09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 14, TO ESTABLISH ONE ADDITIONAL FUND NAMELY, FUND NO. 454, AIRPORT ECONOMIC DEVELOPMENT AREA/ URBAN ENTERPRISE ZONE SPECIAL ZONE FUND 8. BILLS, THIRD READING BILL NO. TIME: 04 -09 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST -WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD 05 -09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $43,500.00 FROM COUNTY OPTION INCOME TAX (COIT) FUND #404 TO PROVIDE RENT SUPPLEMENT TO THE FAMILY VIOLENCE /SPECIAL VICTIMS UNIT 09 -09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $25,000.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND FOR THE PURCHASE OF NECESSARY SERVICE, REPAIR, AND REPLACEMENT OF THE HOT WATER HEATER AND 120 GALLON STORAGE TANK IN THE MECHANICAL ROOM OF THE MORRIS PERFORMING ARTS CENTER (FUND NUMBER 416) 10 -09 THIRD READING COUNCIL OF THE APPROPRIATING NOMINAL INTERS ( #250) FOR ART FUND #250 ON A BILL OF THE COMMON CITY OF SOUTH BEND, INDIANA, $59,850.00 PLUS ADDITIONAL ;ST FROM GENERAL GRANT FUND IN PUBLIC PLACES, AND CLOSING 11 -09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $350,000 FROM THE MAJOR MOVES FUND NUMBER 412 FOR THE ACQUISITION OF PROPERTY NEEDED FOR CONSTRUCTION OF THE AUTEN ROAD CONNECTOR 12 -09 THIRD READING ON A BILL 'OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 14, TO ESTABLISH ONE ADDITIONAL FUND NAMELY, FUND NO. 454, AIRPORT ECONOMIC DEVELOPMENT AREA/ URBAN ENTERPRISE ZONE SPECIAL ZONE FUND 9. RESOLUTIONS BILL NO. 09 -15 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 2001 WEST WASHINGTON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE -YEAR REAL PROPERTY TAX ABATEMENT FOR ROYAL HOLDINGS, INC. D.B.A. ROYAL ADHESIVES 09 -16 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 2001 WEST WASHINGTON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ROYAL HOLDINGS, INC, D.B.A. ROYAL ADHESIVES 09 -17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING ACQUISITION OF AND DESIGNATING THE BOARD OF PUBLIC WORKS TO PURCHASE PROPERTY NEEDED FOR CONSTRUCTION OF THE AUTEN ROAD CONNECTOR 09 -18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE AND SALE OF SOUTH BEND REDEVELOPMENT' AUTHORITY LEASE RENTAL REFUNDING BONDS (MORRIS PERFORMING ARTS CENTER PROJECT) 10. BILLS, FIRST READING BILL NO. 13 -09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2517 & 2521 WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 14 -09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL AND PROGRAM EXPENDITURES FOR THE FISCAL YEAR 2009 INCLUDING, $298,000 FROM THE PARKS NON - REVERTING CAPITAL FUND, $115,000 FROM THE COVELESKI STADIUM FUND, $100,000 FROM THE NON- REVERTING RECREATION FUND, $4,000 FROM THE EAST RACE WATERWAY, $1,500 FROM THE CEMETERY TRUST FUND 15 -09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 11 - DEFINITIONS TO DEFINE THE BOARD OF ZONING APPEALS AS THE AREA BOARD OF ZONING APPEALS AND THEREBY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 02 -09 - REZONING - 744 S. MAIN STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: December 8, 2008 r� _ City of South Bend Common Council ABONMARCHE 227 West Jefferson Boulevard, Suite 400 South Confidence By Design South Bend, IN 46614 ENGINEERS RE: Right -of -Way Vacation ARCHITECTS 14 Foot Wide Alley on West Side of Turnock Street PLANNERS Lying South of Kalorama Street SURVEYORS 750 Lincoln Way East Dear Honorable Members: . South Bend, IN 46601 T . 574- 2-0 Please accept the attached petition and ordinance as our firm's F. 574 - 251 51 -4444440 F written request, on behalf of the current owner, Northeast www.abonmarche.com Neighborhood Revitalization Organization, Inc, and the contingent FORT WAYNE IN owner, Weiss Homes, Inc., to vacate the following described public BENTON HARBOR MI rights -of -way: (1) a 14 foot wide alley being the first east -west alley MANISTEE, MI lying south of Kalorama Street between Turnock Street and the first SOUTH HAVEN MI north -south alley east of North St. Louis Boulevard. Please refer to the attached drawings for the area to be vacated. The reason we are submitting this vacation request is utilize the north 7 feet of the vacated alley in order to develop two homes to the north. The additional 7 feet will give Weiss Homes the needed width for the construction of two homes. Without the additional 7 feet, only one home could be constructed due to the current narrow lot widths. The City Board of Public Works is expected to consider and approve both the vacation request at either their December 22nd meeting dependent upon various city department reviews or at their January 12th meeting. if you have any questions or comments regarding this vacation request, please contact our office at 232 -8700. We appreciate your time and consideration on this request. � Ofi {1�e Sincerely, I n C1 T ABONMARCHE CONSULTANTS, L.L.C. file � De T rek J. Spier, AICP Planner �pY,41 104fi �yD,114. F. \Projects \M8 -0883 \A11ey Vacation \City Counict Vacation Request Cover Letter.doc ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST -WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD 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 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST -WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD. hereby determines that it is desirable to vacate said property. SECTION 11. 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 111. The following property may be injuriously or beneficially affected by such vacating: LOTS E AND 13 OF TURNOCK'S SUBDIVISION OF A PART OF TURNOCK AND MACK'S ADDITION TO THE CITY OF SOUTH BEND AS RECORDED IN PLAT BOOK 9, PAGE 82 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA. Section IV. The purpose of the vacation of the real property is TO VACATE A 14 FOOT WIDE ALLEY SO THAT THE NORTH 7 FEET CAN BE ADDED TO SAID LOT E TO THE NORTH. THE ADDITIONAL 7 FEET WILL BE COMBINED WITH LOTS D AND E WITHIN SAID TURNOCK'S SUBDIVISION TO THE NORTH AND BE SUBDIVIDED INTO 2 NEW LOTS FOR REDEVELOPMENT. 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: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock M. f st REAG: PUBLIC HEARIM Ird READING K01 APPROYM tiE�ERR� PASSE City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Had in Cierk's Office DEC ; 1 01*'I VOORDE CITY GL E; K, $U. BEND, 114. PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETSIALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: 1215108 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST -WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT # NORTHEAST NEIGHBORHOOD 803 LINCOLN WAY WEST E IN TURNOCK'S REVITALIZATIO ORGANIZATION, SOUTH BEND, IN 46616 SUBDIVISION INC., PHILLIP E. BYRD, EXECUTIVE DIRECTOR SIGNATU E CONTACT PERSON (S) NAME: DEREK J. SPIER, AICP 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: 750 LINCOLN WAY EAST SOUTH BEND, IN 46601 574 - 232 -8700 ail` s clerl' Uo n CORYDON L. & MELISSA A. HURST HENRY & DELOIS WEYMON HENRY C. JR. & DELOIS WEYMON 53176 PRESTWICK COURT 720 N. ST. LOUIS BOULEVARD 720 N. ST. LOUIS BOULEVARD GRANGER, IN 46530 SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18 -5034 -1217 18 -5034 -1218 18 -5034 -1219; 18 -5034 -1220 GEORGE & JESSE L. BROADNAX C/O NEIGHBORHOOD HOUSING SERVICES 1970 BROADWAY, STE. 470 OAKLAND, CA 94612 18 -5034 -1222 CATHERINE M. COUCH 727 N. TURNOCK STREET SOUTH BEND, IN 46617 18 -5034 -1223 RENEE V. LENOIR 712 N. ST. LOUIS BOULEVARD SOUTH BEND, IN 46617 18 -5035 -1226 HESTER M. ATKINS 710 N. ST. LOUIS BOULEVARD SOUTH BEND, IN 46617 18 -5035 -1227 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 LINCOLN WAY WEST SOUTH BEND, IN 46616 18- 5035 - 1244.01;18 -5032 -1135 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 N. NOTRE DAME AVENUE SOUTH BEND, IN 46601 18 -5032- 1138;18 -5032 -1140 OWENS HEATING COMPANY 1115 FREMONT SOUTH BEND, IN 46628 18 -5032 -1154 AJP REAL ESTATE GROUP, L.L.C. P.O. BOX 232 MISHAWAKA, IN 46545 18 -5032- 1156.01 ALLSOP RESTORATION INC. HAMPSHIRE GROUP INC. 50640 MERCURY 104 ST. LOUIS STREET GRANGER, IN 46530 SOUTH BEND, IN 46617 18 -5035 -1228 18 -5035 -1245 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 LINCOLN WAY WEST SOUTH BEND, IN 46616 18- 5032 - 1137;18 -5032 -1152 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 LINCOLN WAY WEST SOUTH BEND, IN 46616 18 -5032 -1153 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, MADISON CENTER INC. INC. 403 E. MADISON STREET 803 N. NOTRE DAME AVENUE SOUTH BEND, IN 46617 SOUTH BEND, IN 46601 18 -5035 -1244; 18 -5035 -1243 18 -5032 -1141 BLUE & GOLD HOMES, L.L.C. 53243 CATALINA COURT SOUTH BEND, IN 46635 18 -5032 -1155 TRUST NUMBER 753 SOUTH BEND AVENUE, AUDREY RICHARDS, TRUSTEE 753 SOUTH BEND AVENUE SOUTH BEND, IN 46617 18 -5032 -1156 F:\Projects\M8 -0883\Alley Vacation \Tax Key Listdoc J Oil Cam• ,.,.... ...w 1316 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC STORKS January 12, 2009 Mr. Derek Spier Abonmarche Consultants 750 Lincoln Way East South Bend, Indiana 46601 PHONE 574/235 -9251 FAx 5741235 -9171 TDD 5741235 -5567 RE: Alley Vacation — First East/West Alley from Turnock to the First North/South Alley North of South Bend Avenue between St. Louis and Turnock (Preliminary Review) Dear Mr. Spier: The Board of Public Works, at its January 12, 2009, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sinc erely, Lida M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GILOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MEMBER MEMBER ZOOS �► � 8 -/C PORMA -4, lV SE Y +% SEC'�� 'f3 12 (�C�'r1 o�(L4,� �d4�' 1 '_ 48.6 47 50 �, G6 39 ., 33 4s 0 + h ° I AR � ° (06 �' S 1� �w 4 8 ?.5 � �I e i y 44 sa ! ° 21 I w u V? �C t I 161s1a1 es 40 40 yu SLJ L' v N h -//7/ /nj.0i �r�7q - � - ry 18-50 0 j m I j 2•/35s�= 11 2 I "- i -- h -PH. ,9 _� 3 _ - /2GG 21-1907 ' -//c9 I - //701 r -//79 v E - /078.02 I 1 � _ L�� s -/?G7 Q 4 -/253 a %177 -//79 /20 .3-/356 ,�-_Tz��"c[ 5 - /954 _ /3- /zoo 20 -/20B = = I, -'nc h �' ,� _ -1175 , -!nB { 033 -1180 ° 1 -r /BB -//93 - - i Ft. 1343-01 "� - �-- - -- �� _/2G9 - /B- /2/O = -//8/ e_- Id N -1358 ' 7-/.25c /J - /202 = 7 L.�t - Pt. 5.99 "� - - _ //82 _ -//94 ^ 10.E _ -- �"�_91, —G - B-/957 ' /(D� /Q03 /� /2s/ x r w.e i J r /�co -1271 - -� irec = 23_ir9/ - 3 \b, �br 47 -/279 � M o s34 - /2 /2 � i �• -/3°2 0-/272 I I .� �/2/ .3 a°c ios. A -lDfl7 sl.sl � / }� /93. 2 q E 1 00 -1151 // -//92 //4.l. r 26 1/1 ST. o R °e8 �,. 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I. • � � -11.29 '341 � o� 70 . � ��� /7n co y �� .1130 825 - -a hh �I o < R1 ^GD o. - rn� - o , t g ; \\ $' \�*�s mo �/� /°95 ° n a°o n° l 214.3d� g - /070.0/ O P a � .9 33 aan ' 7-07 B � s/Ro7e7 n -0799 h - : /� /c SO /lV ��' -,ST ;`Ji. „ ° . . 3+ 3° ' a 1 gym 40 m� 20 a7e5 �. 1 � - 'n � 9319 7 ' o T �5 55 35. 1N44 y"i I I SHEET 1 OF 1 RIGHT —OF —WAY VACATION — SITE PLAN & I Ni PROPOSED MINOR SUBDIVISION INCLUDING LOTS "D" & "E" OF TURNOCK'S SUBDIVISION & THE NORTH 7' OF ADJACENT ALLEY PORTAGE TOWNSHIP, ST. JOSEPH COUNTY W-- INDIANA S LOT "D" & "E" & NORTH 7 FEET OF ADJACENT ALLEY 12,702 SQ. FT. (0.29 ACRES) C C a w w � -i o Q O 0 r Z C C I I 7 J � w I Y U t O Z D NOTES & LEGEND: 1. THE HATCHED AREA IS THE THE ALLEY TO BE VACATED. in CITY �' LOT „C" 5.0' I n 1 nn 11 r I n c nn' F z ZL/LL /_ I° I LOT 13 i I I DRAWING FOR RIGHT -OF -WAY VACATION ONLY PREPARED FOR: WEISS HOMES, INC. DRAWN BY: DJS I DATE: 12/5/08 CHECKED BY: SCALE: 1 " =30' coil ABONMARCHE CONSULTANTS, L.L.C. Y 5' SIDE — — YARD SETBACK Y 23.7' 28.3' o a ¢ Benton Harbor, Michigan (574) 232 -8700 Manistee, Michigan * ¢ H ENGINEERING / LAND SURVEYING O o n m DWG NAME: Ld SEC. 1— T37N —R2E i N O IV b 23 . 7 ' j 725 TURNOCK - o l d ST. "- m 26.0' LOT "D" o b OLD LOT LINE O 36.7' in N _ _ _ _ _ — 75'4 - YARD SETBACK 5' SIDE 5.0' a LOT "E" 719 TURNOCK ST. OLD LOT LINE . z ZL/LL /_ I° I LOT 13 i I I DRAWING FOR RIGHT -OF -WAY VACATION ONLY PREPARED FOR: WEISS HOMES, INC. DRAWN BY: DJS I DATE: 12/5/08 CHECKED BY: SCALE: 1 " =30' coil ABONMARCHE CONSULTANTS, L.L.C. 750 Lincoln Way East Fort Wayne, Indiana South Bend, Indiana 46601 Benton Harbor, Michigan (574) 232 -8700 Manistee, Michigan FAX: (574) 251 -4440 ENGINEERING / LAND SURVEYING / PLANNING / CONSIRUC110N SERVICES DWG NAME: ZONING: SF -2 RESIDENTIAL SEC. 1— T37N —R2E i SEPTIC APP. #: N/A C- 0 co Z O CD i O co 03 W T 1 m February 16, 2009 ENGINEERS ARCHITECTS PLANNERS SURVEYORS 750 Lincoln Way East South Bend, IN 46601 T. 574- 232 -8700 F. 574 - 251 -4440 www.abonmarche.com FORT WAYNE, IN BENTON HARBOR, MI .MANISTEE, MI SOUTH HAVEN, MI Henry 8, Delois Weymon 720 N. St. Louis Boulevard South Bend, IN 46617 RE: Right -of -Way Vacation 14 Foot Wide Alley on West Side of Turnock Street Lying South of Kalorama Street Dear Mr. 8, Mrs. Weymon: In response to your concerns raised at the February 9th City Council meeting regarding the above proposed alley vacation, we have prepared the attached map showing how access to your garage will be maintained. Essentially, you will continue to have access to your garage at 720 North St. Louis Boulevard via the 14' wide north -south alley located immediately east of your property. This vacation will prevent you from accessing Tumock Street from the alley to be vacated. However, there is another alley located approximately 150 south of the alley to be vacated which provides easterly access to Tumock Street. The vacation of this alley benefits not only Weiss Homes, Inc. but also the entire neighborhood. As mentioned at the February Council meeting, this vacation will allow two new homes to be constructed upon the vacant lots to the north of the vacated right -of -way. Without the vacation, only one new home could be constructed due to the narrow lot widths. The addition of two new homes would be a greater benefit to the neighborhood. Their development has the potential to increase adjacent property values and spur additional residential redevelopment within the neighborhood. The two new homes would be developed through a partnership between Weiss Homes, Inc., the South Bend Heritage Foundation, and the Northeast Neighborhood Revitalization Organization. If you have any questions or comments prior to the February 23rd City Council meeting, please contact our office at 232 -8700 or Brian Miller, Vice President of Operations with Weiss Homes, Inc. at 234 -7373. Sincerely, ABONMARCHE CONSULTANTS, L.L.C. 2- 7 . Derek J. Spier, AICP Planner cc: File M8-0883 -191 d C C ncil Filed In Cleric's Office FEB 16 2009 JOHN VOORDE CITY CLERK, SO. S END, IVY. South Ben ommon ou Northeast Neighborhood Revitalization Organization F: \Projects \M8 - 0883 \Alley Vacation \Remonstrance Issues Cover Letter.doc +i. �• IVtl4Y /j$/ l.t�Zd� !} � !� s � '• � * n, 1 •� ,.' � � :.. C • n � + is _i Ii. � ,ti`,� � ` ? � r. � . �Jv` }�- + s'.� �'•3 t•'{ t !F _..' ,r ' :{ � ! ` fa .Jr 711 aw r { 7 -rr �. ) ma y f �', ax.h C.; _ � �. r� f � +�� �� �' " v , ti ! y ,+\ C ` 4 � F1X. s w r� � .' • �vw• E �,T_ �4� 1 �.�,�� P - • /Rr • `y �� �+ 1'S'N�+.a SitJ f � � ♦: � y s . .aye a .+'{`1 ` r. J= ``• f'7 i }} t s ,ti u� • .'./ ff�,K �.Y �.l ;G��.S`�n. ,eyf � ��' '` •� ! • 4 ���J1-}r, � "���I. � � ;` °• ` f Cscja i1 ,. � t;f f c� }'7'� � `�. 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LUECKE, MAYOR OFFICE OF THE MAYOR January 20, 2009 Mr. Derek Dieter President, South Bend Common Council 4` Floor, County -City Building South Bend, IN 46601 Re: Ordinance Appropriating $43,500 for Rent Assistance. to The Family Violence /Special Victims Unit Dear President Dieter: The Family Violence /Special Victims Unit (FV /SVU) is a valuable community resource, located in South Bend, which, among other things, helps victims of family violence obtain civil protective orders. Unfortunately, the FV /SVU's full funding ended December 31, 2008, and while FV /SVU procured a funding grant in 2009, it does not cover the FV /SVU's rent for its building at 711 E. Colfax Avenue. The attached _grdinance approves an appropriation of $43,500 to cover half the FV /SVU's rent expense in 2009. This ordinance also represents an effective partnership with St. Joseph County government which is sharing with South Bend half the 2009 rental expense of the FV /SVU. I will present this ordinance to the Common Council at all its pertinent meetings. Thank you for your consideration. Filed i JAN 2 0 2009 -_ J014 WORN GITY GLFF . S0. H>"0,1% Sincerely, Stephen J. Luecke Mayor COUNTY -CITY BUILDING' 227 W JEFFERSON BOULEVARD - SOUTH BEND, INDIANA 46601 PHONE 5741235 -9261 - FAx 574/235 -9892 - TDD 574/235 -5567 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $43,500.00 FROM COUNTY OPTION INCOME TAX (COIT) FUND # 404 TO PROVIDE RENT SUPPLEMENT TO THE FAMILY VIOLENCE /SPECIAL VICTIMS UNIT STATEMENT OF PURPOSE AND INTENT The Family Violence /Special Victims Unit (FV /SVU) is currently housed on the second floor of the Family Justice Center Building at 711 E. Colfax Avenue in South Bend, and it is a cooperative program through the St. Joseph County Prosecutor's Office and the police units of South Bend, St. Joseph County and Mishawaka which assists victims of crime. Among other things, the FV /SVU helps hundreds of violent crime victims obtain civil orders of protection, and it is a valuable community resource. Through December 2008 the FV /SVU Program was funded under the federal Family Justice Center grant program, and it has secured another grant which covers certain 2009 program expenses, but not rent. To assist the FV /SVU, both St. Joseph County and the City of South Bend have partnered cooperatively to share the 2009 rent expense of the FV /SVU, with each unit paying one half the rent, or $43,500.00 each. This Ordinance authorizes appropriation for South Bend's contribution to FV /SVU 2009 rent costs after the County has paid its one half share. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of Forty -Three Thousand Five Hundred Dollars ($43,500.00) be and hereby is appropriated from the County Option Income Tax (COIT) Fund # 404 to pay the City of South Bend's agreed one half share of the Family Violence /Special Victims Unit (FV /SVU) 2009 rent in the building at 711 E. Colfax, South Bend, Indiana. Section II. This appropriation shall be payable after St. Joseph County has paid its one half share of the FV /SVU 2009 rent. Section III. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor. 11�%2t� Vy ►JAc� Member, South Bend CommorR7,ouncil of this b!Il is only to provide em for public hearing and counc i &;ion on this isSuQ 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. Approved and signed by me on the City Clerk day of 2 , at o'clock . M. Mayor, City of South Bend, Indiana F:\ DATA\ SHARE \Legal \Wpdata\AMD \Ordinances\FV SVU Rent Appropriation 011509.doc I st RFADIR! PUBLIC BEARING 3 rd READING NOT APPROVED REFERRED PASSED. _ Filed In Clerk's Office JAN 2 0 2009 ,!! 1 i " i VQuFICE -�� N 09, - �C� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $25,000.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND FOR THE PURCHASE OF NECESSARY SERVICE, REPAIR, AND REPLACEMENT OF THE HOT WATER HEATER AND 120 GALLON STORAGE TANK IN THE MECHANICAL ROOM OF THE MORRIS PERFORMING ARTS CENTER (FUND NUMBER 416) STATEMENT OF PURPOSE AND INTENT The Morris Performing Arts Center Improvement Fund ( Fund No. 416) was established for the purpose of renovating, remodeling, or otherwise improving the facilities at the Morris Performing Arts Center. The Morris Performing Arts Center desires to make certain capital improvements to maintain the facilities in good working order for the benefit of all patrons and clients. The proposed capital expenditure is for $25,000.00 for service, repair, and replacement of the hot water heater and 120 gallon storage tank in the mechanical room of the Morris Performing Arts Center. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center Improvement Fund for the purchase of necessary service, repair, and replacement of the hot water heater and 120 gallon storage tank in the mechanical room of the of the Morris Performing Arts Center. Account Number Description Amount 416 Morris Performing Arts Center $25,000.00 Improvement Fund 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. of this b ill is only only to Pr O gy veld e and S °• wey FlEdgy jL'o�e pub'1'e ISesa��9i and Council ac Wn on WIS tlu; �- Member of the Common COIncil 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 1st READIR(I PUBLIC {TEARING 3 rd READING NOT APPROVEDi RE'F'ERRED PASSED F teci In Clerk's Q11tice FEB - 4 2009 ,IOhpt VO4RDE CITY CLERK, B ©• BEND, lid. February 2, 2009 Mr. Derek Dieter President, South Bend Common Council 455 County -City Building South Bend, IN 46601 Re: Morris Performing Arts Center Capital Improvement Appropriations Ordinance Dear Mr. Dieter: I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $25,000, within the Morris Performing Arts Center Improvement Fund (Fund 416). Revenues from this fund are generated by the ticket surcharge and the fund is used exclusively for capital improvements such as renovation, remodeling, and specifically here, equipment to improve the facilities. The improvement for which the Morris Performing Arts Center desires appropriation consists of the following: $25,000.00 Service, repair, and replacement of the hot water heater and 120 gallon storage tank in the mechanical room of the Morris Performing Arts Center. The Morris Performing Arts Center requests the Council's approval of this Ordinance that will benefit the City and its citizens. Sincerely, Dennis J. Andres Executive Director DJA/JR Attachment Filed In Clerk's 01f "O FEB - 4 2009 CITY CLE SO EEIND, III. Morris Performing Arts Center • 211 N. Michigan Street • South Bend, IN 46601 Office: (574) 235 -9198 • Fax: (574) 235 -5604 • http: / /www.MorrisCenter.org CL 1 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $59,850.00 PLUS ADDITIONAL NOMINAL INTEREST FROM GENERAL GRANT FUND ( #250) FOR ART IN PUBLIC PLACES, AND CLOSING FUND #250 STATEMENT OF PURPOSE AND INTENT General Grant Fund #250 was established through a private contribution from the Goheen Trust which restricted the funds to the creation and support of Art in Public Places in South Bend. This ordinance appropriates all monies remaining in the Fund, i.e. $59,562.00 plus expected interest of about $290.00 through 2009, for the intended Goheen Trust purpose of creating and supporting art in public places, i.e., additional art work in the Jon Hunt Plaza, and a public exhibition of sculpture by South Bend native George Rickey through the Community Foundation. This appropriation will exhaust Fund #250 which should then be closed. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I . The sum of $59,850.00 plus any additional nominal interest is hereby appropriated from General Grant Fund #250 for art in public places including additional art work in the Jon Hunt Plaza and a public sculpture exhibition in downtown South Bend through the Community Foundation. Section II. Upon completion of the appropriation authorized in Section I, General Grant Fund #250 shall be closed. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Cou cil '� "a'•°�' � °. k'ec� t.'t�3 �:e O:�i�' !o �.lSC =LS Ca E.� �s� sAt 3 is E + �ti7 pu1. Ec' I tC3adli� Ot Zl � acka on this Issue, Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2 , at o'clock in. Approved and signed by me on the m. 1 st READING Z_ C ^ (-, 3c\ PUBLIC NEARING; 3 rd READING NOT APPROVED day City Clerk day of 2 ,at Mayor, City of South Bend o'clock Filed in Clerk's Office F E B - 4 2009 ac,:r CITY CL'—r'P1K, : U. BEND, Its. RE IMSSED 1200 CouNrY -Cm Bu DING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAx 574/235 -9021 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUEcn, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT ,JEFFREY V. GIBNEY EXECUTIVE DIRECTOR January 27, 2009 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will appropriate $59,850.00 from the General Grant Fund (fund # 250) to carry out the purpose of the original grant from the Goheen Trust, namely to create and support Art in Public Spaces in the City. These funds were originally granted for various public art uses, but $59,850 remains. The intended uses include approximately $9,850 in additional art work in Jon Hunt Plaza in front of the Morris Performing Arts Theatre and $50,000 to the Community Foundation in support of the year -long exhibit of South Bend native George Rickey's sculpture on the sidewalks of downtown. Rickey is an internationally known kinetic sculptor whose work combines the technical expertise of an engineer with an artist's vision to celebrate fluidity and movement. The exhibit is an extremely exciting event for our community and was conceived through the collaboration of the South Bend Museum of Art, the Snite Museum of Art, the Community Foundation, and the City of South Bend. We look forward to your approval of this ordinance. Please note, these funds cannot be used for general government purposes, only to support art in public places. Either Jeff Gibney or I will present this bill at your February 23 meeting. If you have any questions, please call Jeff at 235 -9375 or me at 235 -9330. Sincerely, lza Leonard Director, Financial & Progr Management cc: Jeff Gibney Mikki Dobski Shidler Dennis Andres COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235 -9660 5741235 -9371 FAX: 574/235 -9697 Filed In Clerk's OMC8 E E 2009 aom voDRD CIT CLERK, SD. BEND, IN. F1NANcIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235 -9371 7 �TTTYYYLLL���/// BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $350,000 FROM THE MAJOR MOVES FUND NUMBER 412 FOR THE ACQUISITION OF PROPERTY NEEDED FOR CONSTRUCTION OF THE AUTEN ROAD CONNECTOR STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana, desires to improve and extend Auten Road to provide for increased economic development in the City and to improve the safety of its residents. The City, by -and through its Board of Public Works and the South Bend Redevelopment Commission, have negotiated an agreement with Holliday Properties pursuant to which the City will purchase the property located at 51270 Mayflower Road, South Bend, Indiana (the "Property ") which is located in the Auten Road Corridor. The project will improve the safety and convenience of Auten Road and result in additional investment in the City. Accordingly appropriating and expending funds to acquire the Property is in the best interest of the health, safety and welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The following sum of money is hereby appropriated and ordered set apart from and within the Major Moves Fund ( #412) for the acquisition of the property located at 51270 Mayflower Road: Fund Number Description Amount 412 Major Moves Fund $350,000.00 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. 97 — Member of the Common Council Attest: �'•" ` ;c i E' -P' �i�i�i ii i,� Cei iJ �ysr �a�c €� action on ibis isssf City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock m. City Clerk Approved and signed by me on the o'clock . m. day of 2009, at Mayor, City South Bend, Indiana 1 sf MDING 2 - \ 1 PUBLIC HEARING 3 rd READING NOT APPRovW IRIBIT no Filed In Clerk's Office F E B - 4 2009 .iFs i YGGR i'c CITY CLERK, So. LrMM, W. 1200 Colin -Cnx BUILDING 227 W. JEFFERSON BOULEVARD SouTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY ExEcuTNE DIRECTOR February 2, 2009 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will appropriate $350,000.00 from the Major Moves Fund (fund # 412) to allow the purchase of property in the right of way for the Auten Road Connector. This action will help to complete the Portage Prairie transportation network. We look forward to your approval of this ordinance. I will present this bill at your February 23 meeting. If you have any questions, please call me at 235- 9339. Sincerely, G onald E. Inks Director, Economic Devel ment cc: Jeff Gibney Filed Its CIVWS o icy FEB - 4 2009 aoF,u vCWDE CITY CLE K, COMMLINITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL. & PROGRAM - PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 574/235 -9371 ELIZABETH LEONARD FAx 574/235 -9697 574/235-9371 `Y BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 14, TO ESTABLISH ONE ADDITIONAL FUND NAMELY, FUND NO. 454, AIRPORT ECONOMIC DEVELOPMENT AREA/URBAN ENTERPRISE ZONE SPECIAL ZONE FUND STATEMENT OF PURPOSE AND INTENT This ordinance amends the South Bend Municipal Code at Chapter 2, Article 14 by adding . a new Section 2- 170.13. This establishes the statutory fund contemplated by IC 36- 7- 14 -39(g) for the deposit and disbursement of Tax Increment Financing dollars attributable to excess property tax proceeds derived from parcels located in the Airport Economic Development Area that are also located in the Urban Enterprise Zone. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I . Chapter 2, Article 14 of the South Bend Municipal Code is hereby amended to add a new Section 2- 170.13 to read in its entirety as follows: Sec. 2- 170.13 Airport Economic Development Area/Urban Enterprise Zone Special Zone Fund. (a) The Airport Economic Development Area/Urban Enterprise Zone Special Zone Fund ( #454) is established within the City of South Bend to receive property tax proceeds derived from parcels located in the Airport Economic Development Area that are also located in the Urban Enterprise Zone, as provided and permitted by Indiana law (I.C. 36- 7- 14- 39(g)). (b) All sums of money collected and deposited in this Fund shall be available for appropriation by the South Bend Redevelopment Commission and used for programs in job training, job enrichment and basic skill development that are designed to benefit residents and employers in the Urban Enterprise Zone and for other purposes permitted by and consistent with IC 36- 7 -14 -39 and other applicable Tax Increment Finance State Law. (c) Any and all interest earned on monies deposited in the Airport Economic Development Area / Urban Enterprise Zone, Special Zone Fund shall remain in the Fund to be used for the permitted purposes of the Fund. (d) Any monies remaining at the end of the fiscal year shall not revert to the General Fund or any other Fund. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk 4 L-Q L V3 "0. u, ) Member of the Common Council _p. G e E„��! • ,e ?"LJ 6�cw x`51 and fl E ��on on thi issue, . Presented by me to the Mayor of the City of South Bend, Indiana, on the , 2009, at o'clock _. m. City Clerk Approved and signed by me on the day of o'clock . m. 1 st READING 2 -- — q — c) PUBLIC HEARING 3 rd READING NOT APPROWD REFERRED PASSED 2009, at day of Mayor, City South Bend, Indiana Filed In Clerk's 01fic2 FEB - 4 2009 JOH VOORDE CITY CLERK, SO. BERD, tip. 1200 CouNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR February 2, 2009 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will create a new fund for the deposit of excess proceeds derived from parcels located in the Airport Economic Development Area that are also located in the Urban Enterprise Zone. These funds will be used for programs in job training, job enrichment and basic skill development primarily for residents and employers in the Urban Enterprise Zone. If you have any question regarding this bill, please call me at 235 -9330. I will present this bill at the February 23, 2009 committee and Council meetings. Sincerely, abe Leonard Director Financial and Program Management cc: Don Inks John March F = CITY FEB COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER- DONALD E. INKS 574/235 -9660 574/235 -9371 FAX: 574/235 -9697 FINANCIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235 -9371 Lus� 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 2001 West Washington Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR Royal Holdings, Inc. d.b.a. Royal Adhesives WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2001 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Lots Numbered Sixty -seven (67), Sixty -eight (68), Sixty -nine (69), Seventy (70), Seventy -one (71), Seventy -two (72), Seventy -three (73) Seventy -four (74), Seventy -five (75), Seventy -six (76) and Seventy - seven (77) as shown on the recorded Plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St: Joseph County, Indiana. PARCEL II: Lots Numbered One (1), Two (2), Three (3), Four (4) and Five (5) as shown on the recorded Plat of Hosinski's Subdivision of Lot Numbered 43 in College Grove Addition to the City of South Bend, recorded April 6, 1920 in Plat Book 10, page 103 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: Lots Numbered Twenty -eight (28), Twenty -nine (28), Thirty (30), Thirty -one (31), Thirty-two (32), Thirty -three (33), inclusive and Lots Numbered Forty -four (44), Forty -five (45), Forty -six (46), Forty - seven (47) and Forty-eight (48) as shown on the recorded Plat of College Grove and Addition to the Town, now City of South Bend and Lot "A" as shown on the recorded Plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL M The vacated Grant, Johnson and Brookfield Streets runnin from the North line of Washington Avenue and the South line of Orange Street; also the vacated Colfax Avenue running from the West line of Jackson Street to the West line of Lot 48 in College Grove Addition extended North; also the vacated alley lying West and adjacent to Lots 1, 2, 3 and 5 Hosinski's Subdivision. PARCEL V: An easement for ingress and egress in, upon and over the following described real estate: Beginning at a point 4 -1/2 feet West of the Northeast corner of Lot Thirty (30) in College Grove Addition; thence North on a line parallel to the East line of Lot 30 a distance of 10.00 feet; thence East on a line parallel with the North lines of Lots 29 and 30 a distance of 105.00 feet; thence South on a line parallel to the West lot line of Lot 29 a distance of 10.00 feet to a point on the North line of Lot 29, said point being 37.00 feet East of the Northwest corner of Lot 29; thence West on and along the North line of Lot 29, extended across vacated Johnson Street, and the North line of Lot 30, a distance of 105.00 feet to the point of beginning. and which has Key Number 18- 2003 -0032 presently at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et M., and South Bend Municipal Code Sections 2 -76 et M., and; WHEREAS, the Department of Community and Economic Development 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 M., and South Bend Municipal Code Sections 2 -76, et sew., 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 and Economic Development 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 M., 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 as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1 -12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development 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 three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Cou 81-ing of this bill is only to ptov'rda an OP�aitunity for Public heaft and Council acuon of this issue, - . PRESENTED .NOT APP009b j4®OPTE0 Filed In. Clank's Off-ice FEB 1 0. 2009 JOHN VOORDE CITY C LERK, S O. BERA IN. 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT . JEFFREY V. GIBNEY February 4, 2009 ExECUTIVE DIRECTOR Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: ROYAL HOLDINGS INC. d.b.a. ROYAL ADHESIVES Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above - referenced petitioner for the construction of a manufacturing facility and warehouse located at 2001 West Washington Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioner, Royal Holdings, Incorporated, proposes to construct and equip an 8,294 square foot factory building and a 22,525 square foot warehouse for the manufacture and storage of epoxy and urethane structural adhesive compounds. The petitioners are seeking a three -year real property tax abatement, and a representative of the petitioner will be available to meet with the Committee on Monday, February 23, 2009. 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 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Bon hiks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 574/235 -9371 ELIZABETH LEONARD FAX: 5741235 -9697 5741235 -9371 1200 COUNTY -CFnr BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA46601 -1830 PHONE 574/235 -9371 FAx 574/235 -9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEME REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: ROYAL HOLDINGS, INC. d.b.a. ROYAL ADHESIVES DATE: February 4, 2009 On February 2, 2009, a petition for real property tax abatement consideration for property located at 2001 West Washington Street was filed with the City Clerk by Royal Holdings. Inc. d.b.a. Royal Adhesives. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development 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 and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Royal Adhesives is a maker of specialty adhesives for use in industrial and commercial settings. The Petitioner is proposing to: (a) demolish an old O'Brian Paint building and replace it with an 8,294 square foot factory building; (b) equip the new building for a state of the art specialty adhesive mixing operation; and (c) add a 22,525 square foot warehouse to support the operation. The total cost of the construction portion of the project is estimated at $1,127,543. The equipment to be purchased includes mixers, raw material storage tanks, various pilot mixers for development work and testing equipment associated with the production and testing of specialty adhesives. Some equipment may be used, however, all used equipment would be acquired from outside the State of Indiana. A personal property tax abatement application is being submitted as part of the total project. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 5741235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 5741235 -9371 RE: Tax Abatement for Royal Holdings. Inc. d.b.a. Royal Adhesives February 4, 2009 Page 2 Total taxes to be abated during a three -year abatement period are estimated at $28,556. Total additional taxes to be pgiL as a result of the project during the three -year abatement period are estimated at $73,449. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create twenty -eight (28) new, permanent full -time positions with an annual payroll $1,390,806. The project will also maintain one hundred sixteen (116) existing permanent full -time positions, including 25 existing permanent full -time minority employees, with a total annual payroll of $6,137,614. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner, Royal Holdings, Incorporated, has not been granted or associated with any previous tax abatements. However, at this time they are also petitioning for a personal property tax abatement. In addition, a previous owner of the company, Uniroyal Technology Corporation, submitted a petition for a real property tax abatement on November 12, 1999. That petition was turned down by the Common Council at the Confirming Resolution stage due to a remonstrance by members of the public who were mostly retirees of the old Uniroyal Corporation. Subsequent to that abatement petition, Uniroyal Technology Corporation sold the company and no longer has any ownership interest in it. 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 West Washington — Chapin Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a three -year real property tax abatement under Section 2 -82.1, Industrial Development in the Urban Enterprise Zone and Redevelopment Blighted Areas and Section 2- 83.1 Warehouse Development in Economic Development Target Areas, the Urban Enterprise Zone and Redevelopment Blighted Areas. The proposed project is located in a Redevelopment Blighted Area. * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 9- Feb -09 Royal Holdings, Inc. Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Proiect Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub -total Project Related: 0 120 2. Super Size Proiects (point values are cumulative): A. 100% to 199% N 0 25 B. 200% to 299% N 0 68 C. 300% to 399% N 0 65 D. 400% and Over N 0 52 Sub -total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( Y 19 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub -total Construction Related: 39 141 4. Waste & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub -total Wage & Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 118 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 281 1000 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Royal Holdings, Inc. Additional Years of Abatement Multi - family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 ' Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 281 Base Years of Abatement 3 Additional Years of Abatement: 0 Total Years of Abatement: 3 YEAR 2- Feb -09 Royal Holdinqs. Inc._ South Bend Portage Township Real Property Tax Abatement Schedule* Tax Key Number Current Assessed Value: Estimated Project Cost: 18- 2003 -0032 1,801,700 1,127,543 100.00% Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 4.3015% Current Without 100% 66% 33% Assessed Value: AV & Tax Abatement Year 1 Year 2 Year 3 Current Assessed Value 100% 1,801,700 1,801,700 1,801,700 1,801,700 1,801,700 Base Assessed Value 85% 958,412 958,412 958,412 958,412 Less Abatement Deduction 0 (958,412) (632, 552) (316,276) Net Assessed Value 1,801,700 2,760,112 1,801,700 2,127,560 2,443,836 Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 77,500 118,726 77,500 91,517 105,122 (13,581) (20,806) 0 0 96,188 63,919 97,9 77,500 91,517 96,188 3.0000% 54,051 82,803 82,803 82,803 82,803 0.5477% 9,868 15,117 9,868 11,653 13,385 63,919 97,920 92,671 94,456 96,188 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 63,919 34,002 97,920 20,420 77,500 2 63,919 34,002 97,920 6,403 91,517 3 63,919 34,002 97,920 1,732 96,188 Totals 191,757 102,005 293,761 28,556 265,205 *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. ,... i In 20 PAY PAY 20_ STATEMENT OF BENEFITS P REAL ESTATE IMPROVEMENTS State Form 51767 (R211 -07) FORM S13-1 I Real Property Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the followi g Indi a odej Qh 10. 114 ❑ Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4) CfiY CLERK+ ❑ Eligible vacant building (IC 6 -1.1- 12.1 -4.8) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires 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 (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the CountyAuditor by the later of. (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6 -1.1- 12.1- 5.1(b) and IC 6 -1.1- 12.1- 5.36)J 5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1- 12.1- 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. — taxpayer Address df taxpayer (number and st eet, city, st9te, and ZIP code) ;2 00/ , W • G>r� - Jr S o v 7f� _Z;V 6 d Name of con tart person Telephone number E -mail address ,,// � ., . -. Name of designating body Resolution number C4000AW d C/L 2 / cJOV% •D END Location of property Coun DLGF taxing district number SEg 1" AESZ R I �EGrio� ,l ,q& ✓E S s EPs� Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) Scw- 45(111a17 `C ' AL77Ac&6Z • 3 — / T> - // Estimated completion date (month, da , year), N �ieO T�GT c[i�'Sci2 �i° TivitJ SEG % �oA -7 —9/ _ 0!1 Current number Sal ri e s Number retained 116 , /3 7 ,6141 Salaries 6, 137 lvi5� Number additional Salaries aP I /, 39d NOTE: Pursuant to IC 6- 1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. OR16yN/9L COST ASSESSED VALUE Current values 0 Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project 7. 7 ✓�S Z ° Estimated solid waste converted (pounds) } Estimated hazardous waste converted (pounds) Other benefits I hereby certify that the representations in this statement are true. Signature of a d representative Title Date signed (m n, da ,year) , d th -- C. - _ F o. , 7; Page 1 of 2 ' @O -! t A�l.� We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body ' If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuantto I.C., 6 -1.1- 12.1 -1, et sea., and South Bend Municipal Code Sec. 2 -76 et seq., for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Land Size o. 7 acres; Building Size 3 0 e/ 'j sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): ,rtes= 4X8;8ir 3. Estimate the dollar value of the project (excluding land): $ /i IA Sc/ 3 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ 0o0/� 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned (Rev 10/23/06) 1 or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST( %) �f /.4-� �dG� �n� �i✓G . d ooh GJ • GlfiF- syiNG, f?: / O® svv� �ENd� .,ri►J x/66 s-� (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST(° /a) A/0 7 — 6. The commonly known address of the Property is: a 0 0 Sk /"75A/ ,,�T: , J'o vT.4i 3�ei✓v, l� 7. The Key Number(s) of said property is: IF -- A003 - 003 8. A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein. t s�E, '6 /T �+ 9. A map and /or plat describing the Property is attached hereto, marked AExhibit B,@ and incorporated herein. S��_ c � CX /7 1 8 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. 11. Th� redevelopment or rehabilitation project itself will create "2- full -time and part -time permanent jobs within the first year, representing a new annual payroll of $ /, 390 . •� O(,- - ` and will maintain %( existing permanent full -time and existing permanent -time jobs including existing permanent full -time minority employment of 'l�5 and existing permanent part- time minority employment of d with an annual payroll of $ 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): 2 (Rev 12/29/06) 13. Provide current employment wage information including; base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements (average hourly rate or range): A WO AWE Full-Time _ Part -Time Laborers $ ','� ' I - 4 � -y am $ Technical $ n 1 , q 3' . $ Managerial $ cio, hg $ Administrative $ 41- GL{ 1 • uc� $ 9, �, c -c. 14. Indicate whether your company provides the following benefits (use Y /N): Y Health Care Benefits n Vol Employer Provided Training (recognized or certified training /educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) At Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) Al Employer- Assisted Housing Program (provide an employer- assisted home ownership program) I✓ Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year (Rev 12/29/06) Real Property Taxes Personal Property Taxes 3 , , a °f a / X20° 44 A00 4"'? _ i� A dooms l60 M (this information may be obtained from the St. Joseph County Treasurers office 235- 9531) 16. Please list the number of full -time and of the last three years: Year '200 Full Part Black J i Hispanic Asian L Indian I Other G part-time minority employees for each ! 'olo'I Full Part '2l y 0 2 G ) Full Part G °7 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: r✓ �-rl� S �cl,� v, ?� a re c\ 1 a w 'z: . G A--i F % G jZ�y�ti l ► S C", �� q� A C1l C� p(� ^� uf� �+ rn 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section): Al Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. A Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department N Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a brownfield by the 4 (Rev 12129/06) Community and Economic Development Department. Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? A 1 O 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): M0 1 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is 5 (Rev 12/29/06) verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 3 �' ©0 — /PAW469 67v,R4e — 9 AhA�i>FS 27. The current use of the Property is dw;4c7 - 4 , A and the current zoning is " D**" LaG�r �it/D / /STi@il G �is cT' (This information may be obtained from the Building Department 235 - 9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and /or personal property) and date of approval. /Vo T 7;jf 3a7 gr v vA 29. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. N The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: 6 (Rev 12/29/06) Name: 5 yljke Address: G✓• J City, State, Zip: Yet17 _nV X166 Telephone: ,5 d std - s i 41 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: /1/j5 . TTy �Iy jEX S Address: oo / W. Gc�•�- stiie✓��o�/ �• City, State, Zip: S vTy NV:-Ali) , ,.Z �6 6 a-� Telephone: WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): OyG By: -�. (Signed me) , (? ;09 ,Y STS �V�E , C i�� �.✓�,vu, �r -Fc (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) 7 (Rev 12/29/06) 22. In the following chart please indicate companies that were used for purchasing materials used in the construction or rehabilitation associated with the project. Include the location of the company, description of the materials, and cost of the materials. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If more space is needed, please photocopy this page) of Name and Address of Company Description of Materials Cost of Materials Grand Total Local Companies (see above): 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. % Total Local Non -Local Companies: 1. 2. 3. 4. 5. Total Non -Local GRAND TOTAL - (Rev 12/29/06) 23. In the following chart please list the companies that will be used for the construction associated with the project. Indicate the name and address of each company; list the dollar amount of the work to be provided by each company; indicate whether or. not 100% of the workers are employees of that company and not independent contractors; indicate whether or not the company pays workers wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labor; indicate whether or not the company contributes to a health plan for its .employees; indicate whether or not the company contributes to a pension plan for its employees; and indicate whether or not the company maintains an affirmative action plan or other similar plan to achieve racial diversity. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If additional space is needed, please photocopy this page). 100% Workers Pay Maintain are Employees U.S. Dept. Contribute Contribute AffoTotue Name and Address of Contract (Not Independent Labor Wage to a Health to a Pension Action Construction Companv Amount Contractors) Rate (Y /N) Plan (Y /N) Plan (Y /N) Plan(YR Local Companies (see above): 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Total Local Non -Local Companies: 1. 2. 3. 4. 5. Total Non -Local GRAND TOTAL Total Project Cost from Petition Difference (Please explain): W (Rev 12/29/06) EXHIBIT A PARCEL I : Lots Numbered Sixty -seven (67), Sixty-eight (68), Sixty -nine (69), Seventy (70), Seventy-one (71), Seventy-two (72), Seventy -three (73), Seventy -four (74), Seventy -five (75), Seventy-six (76) and Seventy-seven (77) as shown on the recorded Plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St., Joseph County, Indiana.. PARCEL II : Lots Numbered One (1), Two (2), 'Three (3), Four (4) and Five (5) as shown on the recorded Plat of Hosinski's Subdivision of Lot Numbered 43 in College Grove Addition to the City of South Bend, recorded April 6, 1920 in Plat Book 10, page 103 in the Office of the Recorder of St.. Joseph County, Indiana.. PARCEL III Lots Numbered 'twenty -eight (28), Twenty -nine (29), Thirty (30), Thirty-one (31), Thirty -two (32), Thirty-three (33), inclusive and Lots Numbered Forty -four (44), Forty -five (45), Forty-six (46), Forty-seven (47) and Forty -eight (48) as shown on the recorded Plat of College Grove and Addition to the Town, now City of South Bend and Lot "A" as shown on the recorded Plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St.. Joseph County, Indiana PARCEL IV : The vacated Grant, Johnson and Brookfield Streets running from the North line of Washington Avenue and the South line of Orange Street; also the vacated Colfax Avenue running from the West line of Jackson Street to the West line of Lot 48 in College Grove Addition extended North; also the vacated alley lying West and adjacent to Lots 1, 2, 3 and 5 Hosinski's Subdivision PARCEL V : An easement for ingress and egress in, upon and over the following described real estate: Beginning at a point 4 1/2 feet West of the Northeast corner of Lot Thirty (30) in College Grove Addition; thence North on a line parallel to the East line of Lot 30 a distance of 1000 feet; thence East on a line parallel with the North lines of Lots 29 and 30 a distance of 105..00 feet; thence South on a line parallel to the West lot line of Lot 29 a distance of 10 00 feet to a point on the North line of Lot 29, said point being 37.00 feet East of the Northwest comer.of Lot 29; thence West on and along the North line of Lot 29, extended across vacated Johnson Street, and the North line of Lot 30, a distance of 105.00 feet to the point of beginning. 2001 W. Washington South Bend, Indiana 46628 l ORANGE STREET WASHINGTON AVE. i AR 7007 ADDITION A wawa mats. , . NFW AREA RETENTION CAI cIILAT10N5 monu raaam + PARK LCALCILA 0NS: OVEtZ4LL &fl E PLAN SCIlE : 1' 0 Z e i O c ' u o I i �� O v El g 1 i 7 I _a 3 c � N sg o a :tsar w. C/.1 1 Map of 2001 W Washington St, South Bend, IN 46628-2032 - �f - ,&7400L LOCAL Map of 2001 W Washington St, South Bend, IN Map- 46628-2032 LA LC W,4 1vi Ins ki St IV 1 4 200 0 r Park Roger St 3 v � V, r , 1 77j' -DeafandSt :3 V. a I I I , Ve —0 . M d U ntf� n SrnhhSt Na 6 , P!ef st Ave" --a= linden Ave L&H ton St Cr I L A %A jWLoifax W w ew Ave _1 Washingtan Usan St t 4 L� Sal Palk k �,z HollarldSt- St LA L C ek W Washington St L di Z57 V I" park bi ; I. ------- LA W leff m-01A L" f lewcome St 7homas — When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Page I of 1 I .. 11 1 1 - o- o- o--a -- P,�--1 K7742'7V-1--- QA 7 7QA 7/'2/1!1(11 YB- W Jefferson - DIV d Na P!ef st W w ew LA L C ek I L V I" park bi ; I. ------- HuronSt K zi v? RF W G cc St L. Ln for rl LA Pavn M! W W PotpidSt +� G i� :M X Dur%rriam t� — ft 11 C3 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Page I of 1 I .. 11 1 1 - o- o- o--a -- P,�--1 K7742'7V-1--- QA 7 7QA 7/'2/1!1(11 Map of 2001 W Washington St, South Bend, IN 46628 -2032 Map of 2001 W Washington St, South Send, IN 46628 -2032 r,R7 -1 C [ LOCAL Map; Page 1 of 1 —L— /. ,Fo 7 -1 R—I— OR, :,,t1 FC 77Rd )/10001 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. ROYAL ADHESIVES EXHIBIT C TO REAL AND PERSONAL PROPERTY TAX ABATEMENTS AW A t i +r 9Y �ZK '?? •e . yS 't' k 1'�p �6" ]; �,: - ?��� _ _. 'fit t f }).' t• F - �s A .t � +4 ) l; - 4 4., - : Ot ; • TT ILI j 1 j avers r: t � b ? i - � •. •t p ■■ x. SL'. ..{,� + �}, 1 ; fi � ��--��' y am� . h - e$ w ti ale M *rl�� h t `} $ / k 6�w ' �y r V a\ + v L s N M f � # lF i g w ti ale M *rl�� ........... .. ........... EXHIBIT 0) JOB OPERATORS "A" SHIFT OPERATORS "B" SHIFT OPERATORS "C" SHIFT SHIP /REC WORKER MAINTENANCE PRODUCTION SUPERVISOR SHIPPING CLERK SCHEDULER PURCHASE MANAGER HSE ACCOUNTING CUSTOMER SERVICE SALES TEAM SALES TEAM QC TECHNICIANS QC MANAGER WORKING R &D LAB SUPERVISOR R &D LAB MANAGER R &D LAB TECH ESTIMATED SALARY # OF OPERATORS TTL EARNINGS $37,720.80 3 $113,162.40 $36,940.80 4 $147,763.20 $37,720.80 4 $150,883.20 $35,235.20 1 $35,235.20 $42,140.80 1 $42,140.80 60,000.00 1 $60,000.00 35,000.00 1 $35,000.00 42,000.00 1 $42,000.00 70,000.00 1 $70,000.00 80,000.00 1 $80,000.00 50,000.00 1 $50,000.00 40,000.00 1 $40,000.00 104,496.00 1 $104,496.00 68,066.00 1 $68,066.00 32,000.00 2 $64,000.00 50,000.00 1 $50,000.00 90,378.00 1 $90,378.00 107,681.00 1 $107,681.00 40,000.00 1 $40,000.00 28 $1,390,805.80 Exhibit `E' Real Property Proiect Description We are removing an old O'Brien Paint building and replacing it with an 8,294 sq. ft. state of the art specialty adhesive mixing operation as well as adding a 22, 525 sq. ft. warehouse to support the operation. Removal of the very old building will be a major improvement to this area located on Washington Street. There will be approximately .7 acre of land that will be used to support the manufacturing and warehousing of this operation. Nature of Our Business Royal Holdings, Inc. is headquartered in South Bend, Indiana. Royal Adhesives is a maker of specialty adhesives for use in industrial and commercial settings. Total local materials purchased $256,336.00 Yx �G Name and Address of Construction Company Description of Materials Cost of Materials Local material purchases Cal -Pro Fence Co., Inc. fence relocation $500.00 1700 West Ford St. South Bend, IN 46619 Schrock Excavating demolition and excavation $14,800.00 P.O. Box 859 Wakarusa, IN 46573 Ancon Construction Co., Inc. concrete, carpentry, steel $59,680.00 2146 Elkhart Rd. accessories Goshen, IN 46526 Kuert Concrete concrete material and access. $109,290.00 3402 Lincolnway West South Bend, IN 46628 Overhead Door Co. overhead doors and hardware $4,288.00 58745 Executive Dr. Mishawaka, IN 46546 Sharp Interiors paint materials $10,180.00 21641 W. Ireland Rd. South Bend, IN 46614 Kropp Fire Protection fire protection $12,808.00 59685 Market St. South Bend, IN 46614 North Central Mechanical plumbing and HVAC $3,930.00 1721 N. Cedar St. Mishawaka, IN 46545 McMann Electric electrical supplies $29,260.00 P.O. Box 225 Osceola, IN 46561 Rick Neff masonry supplies $11,600.00 1149 N. Syracuse - Webster Rd. Syracuse, IN 46537 Total local materials purchased $256,336.00 Non -Local material purchases Ancon Construction Co., Inc. concrete, carpentry and steel $13,721.00 2146 Elkhart Rd. accessories Goshen, IN 46526 Butler Manufacturing* metal building $284,741.00 1540 Genessee St. Kansas City, MO 64102 Guardian Building Products* metal building insulation $20,067.00 51201 Downing Court Elkhart, IN 46514 North Central Mechanical plumbing and hvac supplies $2,111.00 1721 N. Cedar St. Mishawaka, IN 46545 Rick Neff masonry supplies $10,000.00 1149 N. Syracuse - Webster Rd. Syracuse, IN 46537 Total non -local material purchases $330,640.00 not available locally* Total available non -local purchases $25,832.00 Grand total available local material purchases 282,168.00 Percentage locally purchased of available local materials 90.8% EX k; 100% Workers Pay Maintain are Employees U.S. Dept. Contribute Contribute Affirmitive Name and Addresses of Contract (Not Independent Labor Wages to a Health to a Pension Action Construction Company Amount Contractors) Rate (Y /N) Plan (Y /N) Plan (Y /N) Plan (Y /N) Local Companies (see above): Cal -Pro Fence Co., Inc. $1,900.00 x y y n? y 1700 West Ford St. South Bend, IN 46619 Kuert Concrete $109,290.00 x y y y y 3402 Lincolnway West South Bend, IN 46628 Overhead Door Co. $5,360.00 x y/n y n ? y 58745 Executive Dr. Mishawaka, IN 46546 Sharp Interiors $32,430.00 x y y y n? 21641 W. Ireland Rd. South Bend, IN 46614 Kropp Fire Protection $34,000.00 x y y y y 59685 Market St. South Bend, IN 46614 North Central Mechanical $27,825.00 x n y y y 1721 N. Cedar St. Mishawaka, IN 46545 McMann Electric $68,856.00 x y y y y P.O. Box 225 Osceola, IN 46561 MPA Associates $8,000.00 x n/a n ? y y 218 S. Francis St. South Bend, IN 46617 Job Directs $50,000.00 x n y y y General Conditions $4,000.00 x n y y y Total Local $341,661.00 Non -Local Companies: Schrock Excavating $91,123.00 x n y y P.O. Box 859 Wakarusa, IN 46573 Ancon Construction Co., Inc. $323,451.00 x n y y 2146 Elkhart Rd. Goshen, IN 46526 Rick Neff $66,500.00 x n n ? y 1149 N. Syracuse - Webster Rd. Syracuse, IN 46537 Butler Manufacturing $284,741.00 x n n 7 y Kansas City, MO Guardian Building Products' $20,067.00 x y n ? y 51201 Downing Court Elkhart, IN 46514 Total Non -Local $785,882.00 Total Non -Local less not available $481,074.00 Total Local $341,661.00 GRAND TOTAL $1,127,543.00 Total Project Cost from Petition $1,127,543.00 Difference (Please explain): $0.00 y y n? y y ' not available locally CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2 -83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. 0 V141- }t ®C lb iNGS -ZC c . Petitioner's Name Ic Agent's Name Acting on Behalf of the Petitioner -Pi9- Contact Persin 020 k 5A{ re A/ J77 Street Address SovTy 36�d Zi✓ x{66 d2 City, State, Zip Code IF Business Telephone Number Signatur of P ti ner cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office 6_a 0 cp . 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 2001 West Washington Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Royal Holdings, Inc. d.b.a. Royal Adhesives 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 2001 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Lots Numbered Sixty -seven (67), Sixty -eight (68), Sixty -nine (69), Seventy (70), Seventy-one (71), Seventy-two (72), Seventy-three (73) Seventy- four (74), Seventy-five (75), Seventy-six (76) and Seventy -seven (77) as shown on the recorded Plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL II: Lots Numbered One (1), Two (2), Three (3), Four (4) and Five (5) as shown on the recorded Plat of Hosinski's Subdivision of Lot Numbered 43 in College Grove Addition to the City of South Bend, recorded April 6, 1920 in Plat Book 10, page 103 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: Lots Numbered Twenty-eight (28), Twenty -nine (28), Thirty (30), Thirty-one (31), Thirty -two (32), Thirty -three (33), inclusive and Lots Numbered Forty-four (44), Forty-five (45), Forty -six (46); Forty -seven (47) and Forty-eight (48) as shown on the recorded Plat of College Grove and Addition to the Town, now City of South Bend and Lot "A" as shown on the recorded Plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL IV: The vacated Grant, Johnson and Brookfield Streets runnin from the North line of Washington Avenue and the South line of Orange Street; also the vacated Colfax Avenue running from the West line of Jackson Street to the West line of Lot 48 in College Grove Addition extended North; also the vacated alley lying West and adjacent to Lots 1, 2, 3 and 5 Hosinski's Subdivision. PARCEL V: An easement for ingress and egress in, upon and over the following described real estate: Beginning at a point 4 -1/2 feet West of the Northeast corner of Lot Thirty (30) in College Grove Addition; thence North on a line parallel to the East line of Lot 30 a distance of 10.00 feet; thence East on a line parallel with the North lines of Lots 29 and 30 a distance of 105.00 feet; thence South on a line parallel to the West lot line of Lot 29 a distance of 10.00 feet to a point on the North line of Lot 29, said point being 37.00 feet East of the Northwest corner of Lot 29; thence West on and along the North line of Lot 29, extended across vacated Johnson Street, and the North line of Lot 30, a distance of 105.00 feet to the point of beginning. and which has Tax Key Number 18- 2003 -0032 presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and, WHEREAS, the Department of Community and Economic Development 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 M., 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 and Economic Development 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 SeMc ., 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; 2 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 5 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development 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 five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council it9,`� jr, n t ��. fo � r- P 3 1� p�1� an [ UW s p a PRtStNFED '2, - 1 , 3 -0 NOT APPRC D ADOPTM Filed In Clerk's Off e E B 1 0 2009 JOHN VOORDE CITY C LERK, E0. SEND, IN. 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND INDIANA 46601 -1830 PHONE 574/ 235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR February 4, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: ROYAL HOLDINGS INC. d.b.a. ROYAL ADHESIVES Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new and used equipment for a new a manufacturing facility and warehouse to be constructed at 2001 West Washington Street. Any used equipment acquired would come from outside the State of Indiana. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at $3,168,075. The project meets the qualifications for a (5) five -year personal property tax abatement and a representative from Royal Holdings will be available to meet with the Committee on Monday, February 23, 2009. 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 -5835. Sincerely, A 4 1 �?,, 5 Bob Mathla Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 5741235 -9371 ELIZABETH LEONARD FAX: 574/235 -9697 5741235 -9371 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 Fax 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC .DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: ROYAL HOLDINGS INC. d.b.a. ROYAL ADHESIVES DATE: February 4, 2009 On February 2, 2009, a petition for personal property tax abatement consideration for property located at 2001 West Washington Street was filed with the City Clerk by Royal Holdings. Inc. d.b.a. Royal Adhesives. 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 and Economic Development 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 and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Royal Adhesives is a maker of specialty adhesives for use in industrial and commercial settings. The Petitioner is proposing to: (a) demolish an old O'Brian Paint building and replace it with an 8,294 square foot factory building; (b) equip the new building for a state of the art specialty adhesive mixing operation; and (c) add a 22,525 square foot warehouse to support the operation. A real property tax abatement application is being submitted as part of the total project. The equipment to be purchased includes mixers, raw material storage tanks, various pilot mixers for development work and testing equipment associated with the production and testing of specialty COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 5741235 -9697 574/235 -9371 South Bend Redevelopment Commission RE: Tax Abatement for Royal Holdings. Inc. d.b.a. Royal Adhesives February 4, 2009 Page 2 adhesives. Some equipment may be used, however, all used equipment would be acquired from outside the State of Indiana. The equipment to be installed on the site has a total estimated cost of $3,168,075. Total taxes to be abated during the (5) five -year abatement period are estimated at $53,424. Total additional taxes to be pgiL as a result of the project during the five -year abatement period are estimated at $177,784. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create twenty -eight (28) new, permanent full -time positions with an annual payroll $1,390,806. The project will also maintain one hundred sixteen (116) existing permanent full -time positions, including 25 existing permanent full -time minority employees, with a total annual payroll of $6,137,614. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the Petitioner, Royal Holdings, Incorporated, has not been granted or associated with any previous tax abatements. However, at this time they are also petitioning for a real property tax abatement. In addition, a previous owner of the company, Uniroyal Technology Corporation, submitted a petition for a real property tax abatement on November 12, 1999. That petition was turned down by the Common Council at the Confirming Resolution stage due to a remonstrance by members of the public who were mostly retirees of the old Uniroyal Corporation. Subsequent to that abatement petition, Uniroyal Technology Corporation sold the company and no longer has any ownership interest in it. 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 West Washington — Chapin Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 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 Royal Holdings, Inc. South Bend German Township Personal Property Tax Abatement Schedule" Tax Key Number Current Assessed Value: Estimated Project Cost: 18- 2003 -0032 2,304,290 3,168,075 2- Feb -09 Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 4.2815% 4.2815% 40% 60% 55% 45% 37% 98,658 Current 100% 80% 60% 40% 20% Assessed Value: AV & Tax Year 1 Year 2 Year 3 Year 4 Year 5 Current Assessed Value 100% 2,304,290 2,304,290 2,304,290 2,304,290 2,304,290 2,304,290 Base Assessed Value 107,146 1,267,230 1,900,845 1,742,441 1,425,634 1,172,188 Less Abatement Deduction 81,749 1,267,230 1,520,676) 1,045,465) 570,254) (234,438) Net Assessed Value 2,304,290 2,304,290 2,684,459 3,001,267 3,159,670 3,242,040 Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 98,658 98,658 114,935 128,499 135,281 138,808 (16,909) 0 0 (4,916) (10,830) (13,906) 81,749 98,658 114,935 123,584 124,451 124,902 3.0000% 69,129 107,146 107,146 107,146 107,146 107,146 0.5477% 12,621 12,621 14,703 16,438 17,306 17,757 81,749 119,766 121,848 123,584 124,451 124,902 Totals 408,746 231,208 639,954 53,424 586,530 '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. New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 81,749 44,958 126,707 28,049 98,658 2 81,749 48,428 130,177 15,242 114,935 3 81,749 47,560 129,310 5,726 123,584 4 81,749 45,825 127,574 3,123 124,451 5 81,749 44,437 126,186 1,284 124,902 Totals 408,746 231,208 639,954 53,424 586,530 '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. STATEMENT OF BENEFITS a PERSONAL PROPERTY . „a State Form 51764 (R 11-06) Prescribed by the Department of Local Government Finance INSTRUCTIONS: fElE CWTI'''s Olilce :V0Qr,0E,, 2009 JOH CRY Ct6HK� S0. , IN. FORM SBA / PP PRIVACY NOTICE The cost and any specific individual's salary information is confidential; the balance of the filing is public record p er IC 6 -1.1- 12.1 -5.1 (c and d). 1. This statement must be submitted to the body designating the Ecohomi a cation 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 andlor 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. (IC 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 andlor information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must rile a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated. 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. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply. (IC 6- 1.1- 12.1- 4.5(t) and (g)) 9" Name of taxpayer RV ,4 L HOLJINI/(S —L�G . Address of taxpayer (number and treet, city - state, and ZIP code) Z/✓ 19/ W. S /iV T/I 7 Name of contact person y 5 717A/ke Telephone number - 2 F PROPOSED PRO Cf�` Name of de body G L' st7vTl/ Resolution number (s) [- MNON /� of /? OF .�EN,rj Location of property p Cou DLGF taxing district number a?801 A4 Wr#iA/ Tit/ I tJOVT ✓D -TAI JT �TOSEPN Description of manufacturing equipment and /or research and developmenf equipment ESTIMATED and /or logistical distribution equipment and /or information technology equipment. START DATE COMPLETION DATE (use additional sheets if necessary) Manufacturing Equipment 7,/ 0 9 2'/2-r / O ,S,'W Li1CH //9 /T t ' �'l7/�Gff� R & D Equipment tt ,C'SC� /PTid/V Of �l�(/ /PiKl Logist Dist Equipment SL�GTion/ IT Equipment Current number Salar es Number retained Salaries Number additional Salaries aF �3yo, �aG S ECt 4 ESTIMATED TOTAL COST AN b VAL6 E OF PROP OSED PROJ ECT NOTE: Pursuant to IC 6 1.1 12.1 - 5.1 (d) (2) the M E U U P MENTNG R & D EQUIPMENT EQU P MENT IT EQUIPMENT COST of the property is confidential. ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values 7S3oio oS Plus estimated values of proposed project Less values of any property being replaced — ' Net estimated values upon completion of project 3 3i0 /L Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) A1114 Other benefits: • d, 0113 • I hereby certify that the representations in this statement are true. Signature of a d representative Title Date signed (m nth, da year) 9" 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 -1.1- 12.1 -2. A. The designated area has been limited to a period of time not to exceed is calendar years' (see below). The date this designation expires B . The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; 2. Installation of new research and development equipment; 3. Installation of new logistical distribution equipment. 4. Installation of new information technology equipment; ❑Yes ❑N o ❑Yes [ ❑Yes ❑N o ❑Yes []No 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 02 years ❑7 years 5 or 10 year schedule may be deducted. ❑3 years ❑8 years ❑ 4 years ❑ 9 years ❑ 5 years " ❑ 10 years •' 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 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C. 6 -1.1 -12.1, et secl., and South Bend Municipal Code Section 2 -84.2, et seg., for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property (Aequipment @) to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. " �2o P ED �oa"c -�T '' S'EcTioa/ 2. The project will create new, permanent jobs within the first year, representing a new annual payroll of $ 1, M0 $ -0o and will maintain 1 / ( P existing permanent full -time and 1 existing part -time jobs representing an annual payroll of $ 137 0 The projected annual salaries for each new position created are estimated to be as follows: lloh 3. Estimate the total cost of the Equipment: J lo o 0 7S 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly= held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST To wl_ Ayahya Zi& . QMI W GWATA& fir. /DO o oy.7i .��7✓b ..:rd 4(4 6 ' xt (Revised 8/2/02) (b)The following other persons lease; intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST /%/ - APPG;C��91. -C 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: JI F cr ',F.. " AT n 7141k e 10/ OVA 6VSI ✓Z-W " s4:-G7 6. The commonly known address of the property where the Equipment is to be located is: W. Wlulw �T A/ t J SO & W AC-A0 -riJ 7. The Key Number of said property is: l ,F— o — 003.2 8. Attach the legal description of the property where the equipment is to be located, marked AExhibit A,@ and is hereby incorporated herein. STc - �cffED ��rfft�iT fl 9. Attach a map and /or plat describing the property where the equipment is to be located, marked AExhibit B,@ and is hereby incorporated herein. Sc� �l-7ACWE � 25WABiT 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked AExhibit C,@ and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ /VOT G E (This information may be obtained from the St. Joseph County Assessors office 235 -9523) 12. The current use of the real property where the Equipment is to be installed is Z� 2A/CJFf�C. IA C and the current zoning is (use) *and (height and area). (This information may be obtained from the Building Department 235 -9553) ``,6 " G /G ttT ZA A !l STA°i ��STRIZ7 (Revised 8/2/02) 2 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES a ooh a / 71 3 (Ll yR - 61T. P VOL .L.3 00 t/ y4. r ? T. lob V If aooG .,rte SC3 mZ /SD. IF.4 •2 aooS' A /7 (This information may be obtained from the St. Joseph County Treasurers office 235 -9531) Aaoyr i�z, #7 isi, k77 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part -time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part -time) and the current number of inority individuals (full and part- time). c,:l Gnc� \ c. �:,cFr►,,n�, ��i r ►��: . �il � ; ;� 5 ('S -` d.G::c;1 iic;.� �� �- c:)tlL.:�►'��' �u.l�-�-�rn� �`��rl'� °,4�N. Z c�cs 2.vu 2 ( t_i- 2��0 �� �C�C' LI - c 0 ) 2 t 7 206 (p 2(A} L) �2M, 2 `� �i L' 1 2 2 ! 15. Describe on -site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. /Voil/E e r�N7Z y zwovi0 Ez OA P4ePosEb . 16. What is your best estimate of the market value of the new Equipment after installation? $ a 1 2 ot9 Oda 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? $ Alar 72 0sn,44,tre A-- 7 7 - 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? G yIAA- *r' ic, o'r")C.l c'., l z l� � � '�1�V� k' � ~ �.� �� � � I�: I.t U 1 l�.w ► � l �� , (_• l • � 1 f l � �� ho' Ci n L -4 V, d, l i �1 ; 1 ' la Yl L1 rn ►`l��) �; �C%.1 (Revised 8/2/02) 3 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 23 , rew — – Ai- 6ESrc%' 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevel pment mmission: W&T T WAf Y 1A4gJr0 �E�lJEI�CLo� 3 A 23. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. IyorPPU GfJi3G� 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: /l1 ®r �i�U -gam 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. (Revised 8/2/02) 4 26. The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: Name: OFF,c6E Address: c? oo/ Y✓ ,+SW N6To,V .Sr. City, State, Zip Code: .soyTy ,F Fxl b Zi✓ 5�66�?� Telephone: - 6 - 75t - - .6 ij4 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Proper Owner(s): o —' By: (Signe (5Kame) c i94y ST�41kEr C. ` O (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Revised 8/2/02) 5 X isti W. PARCEL 1 : Lots Numbered Sixty -seven (67), Sixty -elght (68), Sixty-nine (69), Seventy (70), Seventy-one (71), Seventy-two (72), Seventy -three (73), Seventy -four (74), Seventy -five (75), Seventy-six (76) and. Seventy-seven (77) as shown on the recorded Plat of Clement Studebaker's Oak Grove Subdivision In the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL It : Lots Numbered One (1), Two (2), Three (3), Four (4) and Five (5) as shown on the recorded Piet of Hosinskl's Subdivision of Lot Numbered 43 In College Grove Addition to the City of South Bend, recorded April 6, 1920 In Plat Book 10, page 103 In the Office of the Recorder of St. Joseph County, Indiana. PARCEL III Lots Numbered Twenty -eight (28), Twenty -nine (29), Thirty (30), Thirty-one (31), Thirty -two (32), Thirty-three (33), inclusive and Lots Numbered Forty -four (44), Forty -five (45), Forty -six (46), Forty-seven (47) and Forty -eight (48) as shown on the recorded Plat of College Grove and Addition to the Town, now City of South Bend and Lot "A" as shown on the recorded Plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded In Piet Book 7, page 4 in the Office of the Recorder of St Joseph County, Indiana PARCEL IV : The vacated Grant, Johnson end Brookfield Streets running from the North line of Washington -Avenue and the South line of Orange Street; also the vacated Colfax Avenue running from the West line of Jackson Street to the West line of Lot 48 in College Grove Addition extended North; also the vacated alley lying West and adjacent to Lots 1, 2,3 and 5 Hosinski's Subdivision PARCEL V : An easement for ingress and egress in, upon and over the following described real estate: Beginning at a point 4 112 feet West of the Northeast comer of Lot Thirty (30) In College Grove Addition; thence North on a line parallel to the East line of Lot 30 a distance of 10.00 feet; thence East on a tine parallel with the North lines of Lots 29 and 30 a distance of 105.00 feet; thence South on a line parallel to the West lot line of Lot 29 a distance of 10 00 feet to a point on the North line of Lot 29, said point being 37.00 feet East of the Northwest comer.of Lot 29; thence West on and along the North line of Lot 29, extended across vacated Johnson Street, and the North line of Lot 30, a distance of 105 00 feet to the point of beginning. 2001 W. Washington South Bend, Indiana 46628 L --j ORANGE STREET 'i WASSiNCTON AVL. X007 AD ITp ION AREA R TENTION CALCUI ATION& nas rt. WARART A ro n.dc .... .Y n ny; PARKING CALQUI A'`ION�; iurem eaa�+a ' aVEliAil SITE PLAN SGNE : 1' - 40' a Z= 0° u a 0 V a t i 7 a Y V) N am w. cr. r Map of 2001 W Washington St, South Bend, IN 46628 -2032 Map of 2001 W Washington St, South Send, IN L0C L 46628 -2032 Ptdst a h i i - Frederickson St -- = '� Frteier i[kscn St +' �PTq rc a I i 4VestntaocSt.- v RU pi. ISt EE _ a I 20 Lindsey Q i Lon try R w Werv�inskiSt - p Ave ! Perk am : v i, - �_C . R ogerSt 'I y6 ^ o } i 2 tE Fassnaiht St c -. R,9 t Or �� Ker+wuodAue_ e t i ' Smith'A I: I + Linde �; t '' ch Ave ;. LindebAve.- _ i ( - Ave OiangeSt = x ! i { Hill St MLColfax i t- e _ rJ - - — - +L' - - --- _ - -- � —Ave - - - _ _to ii i l __ -- - JDVathington'St _ .v ' - -- � is St ' LA LoSetk i Z '�" jl Park W ashington St i 17, is W Jefferson: ®lvd = LA ewu me St i rc, -- W Jefferson v.- Thomas• Blvd 1 St . I s = » St— � JL _6 i t j {�lapier St • n� � ;4 � �p� I j � _ -- - 2 PO K f� -4h I = 4 _ L Perk s .mac HuronSt,. =�� -n _ : v LA Grae St. I c 'I I{ 5O{tm i D ii ti _t _ . 'tfli1T =: t , ; I - • • — wYahoo200.4,DataIENA E6200f When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Page 1 of 1 � X 4 :1 ;� e . 11 1 1 • ,n 1 +. n nn 0_-__1 4 — 04 1 170A 11 /1111nnr Map of 2001 W Washington St, South Bend, IN 46628 -2032 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Page I of 1 45x4 %�//A ' 0 L«._.//W t :-- JP —'I —n Q, R,ctv— R.rlat —dl A 77A' 7R•rinn —_Rh 77Rd 9i10nrn Map of 2001 W Washington St, South Bend, IN S7-40 [ LOCAL liars 46628 -2032 ROYAL ADHESIVES EXHIBIT C TO REAL AND PERSONAL PROPERTY TAX ABATEMENTS x - f ��! ; # �� },, qt r ���• � � � � �l i t ' l M , .j . {3 t , ay �t y w i < ' r Z I (! F t 1 # 1 wi t^ •i +F � S TAL �s �-.*`{ �;- � yj�� ,a - Yap! .4,� <• �.. - - G��.. k 4 r i �� � � • � + . l e i —.0 i4l. �• .N j �� r r�j�it r'S_ r "- •j'� .'� a '. -� + •'• 1� Y. s..J• �*` ��t �° , i• �, ' �-.+�.��,,,, ..I.R Y� y\ ., j q J • �/y'Y�Z .mss •• �.. 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Ott k.XY `. .. �•. �'L.n ,.IK ��.'1 .> .'r. . r'T �y,- 4a71.rl.t ". Y � j •41 ��t_`a •' Y .•�J�.fx: 1` .. ti'.' _ r. \,`k lX \ f Y X - - I .{." ?•-.n ��'. ,• r 'tiY cYl.. < . r .�� �+�' i k .l�l ;( )� C�,•' 1 k. k. i� y �;' l,.s "`( _..(...,�'/+ o i' , ; ".7` `�.. -.+�.• � c Tw.,'. �:.. y Yr a r � r r ,. r :3 �,< f f 1' X � ` r: �' a r J .... S . � � � 1 } S n l - ). \ I H lr n .n�: <n : M �• �r l 4 } Y \ , ( - . �. � a. a;i � � _ ._i r �', ] _. , t 1 r I }+ �T Y) T T x�C 7t a k . �• x, ( ti + i �.. ,� ;: :. i Fes. '.. ti��,lr.•+j, � ��� � � ., - _ - � ,' -< Cr9C'G ZrV1Ol r:� Z/5� /-7/ nT�L;�� 4L Vm oar EXHIBIT V JOB OPERATORS "A" SHIFT OPERATORS "B" SHIFT OPERATORS "C" SHIFT SHIP /REC WORKER MAINTENANCE PRODUCTION SUPERVISOR SHIPPING CLERK SCHEDULER PURCHASE MANAGER HSE ACCOUNTING CUSTOMER SERVICE SALES TEAM SALES TEAM QC TECHNICIANS QC MANAGER WORKING R &D LAB SUPERVISOR R &D LAB MANAGER R &D LAB TECH ESTIMATED SALARY # OF OPERATORS TTL EARNINGS $37,720.80 3 $113,162.40 $36,940.80 4 $147,763.20 $37,720.80 4 $150,883.20 $35,235.20 1 $35,235.20 $42,140.80 1 $42,140.80 60,000.00 1 $60,000.00 35,000.00 1 $35,000.00 42,000.00 1 $42,000.00 70,000.00 1 $70,000.00 80,000.00 1 $80,000.00 50,000.00 1 $50,000.00 40,000.00 1 $40,000.00 104,496.00 1 $104,496.00 68,066.00 1 $68,066.00 32,000.00 2 $64,000.00 50,000.00r 1 $50,000.00 90,378.00 1 $90,378.00 107,681.00 1 $107,681.00 40,000.00 1 $40,000.00 28 $1,390,805.80 Exhibit 'E' Personal Property Description of Equipment Mixers in several different sizes, raw material storage tanks, various pilot mixers for development work, and testing equipment associated with the production and testing of specialty adhesives. Proposed Project Project includes the installation of several- mixers in various sizes, new raw material storage tanks, R & D and Quality equipment, which will be used to manufacture, test, and develop short -run batches of highly customized adhesive products. There will be approximately .7 acre of land that will be used to support the manufacturing and warehousing of this operation. Nature of Our Business Royal Holdings, Inc. is headquartered in South Bend, Indiana. Royal Adhesives is a maker of specialty adhesives for use in industrial and commercial settings. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING ACQUISITION OF AND DESIGNATING THE BOARD OF PUBLIC WORKS TO PURCHASE PROPERTY NEEDED FOR CONSTRUCTION OF THE AUTEN ROAD CONNECTOR WHEREAS, the Common Council of the City of South Bend, Indiana, has determined by separate Ordinance (Bill 11 -09) that a true and real need exists for the acquisition of certain properties located in the Auten Road corridor to be used for the construction of the Auten Road Connector; and WHEREAS, Holliday Properties is the owner of a parcel of land located at 51270 Mayflower Road, South Bend, Indiana, (the "Property") which is in the Auten Road corridor; and WHEREAS, Holliday Properties has agreed to sell the Property for a price not to exceed Three Hundred Thousand Dollars ($300,000.00) which is within the Council's approved appropriation of Major Moves Funds for this purpose (Common Council Bill 11 -09); and WHEREAS, the Common Council of the City of South Bend, Indiana, believes that the acquisition of the Property is in the best interests of the City of South Bend and its residents; and WHEREAS, the Common Council of the City of South Bend, Indiana, has determined that the Board of Public Works of the City of South Bend, Indiana is the appropriate entity to purchase the property. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Acquisition of properly located at 51270 Mayflower Road, South Bend, Indiana, is in the best interests of the City of South Bend, Indiana, and the South Bend Common Council authorizes the South Bend Board of Public Works to take the steps necessary to purchase this property for a price not to exceed Three Hundred Thousand Dollars ($300,000.00). Section H. The Common Council hereby designates and confirms the following persons to execute and accept, and to witness the execution and acceptance, respectively, those documents necessary to the consummation of the transaction contemplated by this Resolution. Party to Execute Documents: Donald E. Inks, Member Board of Public Works Party to Attest to the Execution of Documents: Linda Martin, Clerk Board of Public Works Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. _ yl 10 - 01" l Member, Common Council • of s V ;l is c�rtl, . p;ome an heanng and ����ii1,ltlt�f f or pe�ha�c ue. could BOW on trigs PRESENTED - "Z 3 0 1 NOT APPROWD File In Clerk's O��iice FEB 1 8 2009 JOH1d VOORDE CITY CLERK, M BEH0,14- %DOPTED 1200 CouNTY C1TY BuaDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9371 FAx 5741235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUEcn, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR February 1Q, 2009 South Bend Common' Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached Resolution for your consideration would approve the purchase of property located at 51270 Mayflower Road. This is a companion to Bill # 11 -09 which appropriates the funding necessary to carry out this acquisition. This 10 acre parcel. is needed for Right of Way as it sits in the middle of the Auten Connector path. The Auten Connector is part of the planned Portage Prairie transportation improvements, and will eventually connect with Portage Avenue. Major Moves funds in the amount of $300,000 would be used to acquire the property. The Major Moves funds are to be reimbursed by the AEDA TIF immediately upon acquisition by the City. TIF funds cannot be used to directly acquire the property since it is outside the TIF area. However the property is adjacent to and connected to the TIF area, so the property can be acquired by the City, and TIF can reimburse the City's costs. The Controller has verified that cash is available to support this Major Moves expenditure. I, will make the presentation to the Council at your February 23rd meeting. If you have any questions, please call me at 235 -9339. Sin rely, Donald E. Inks Director Economic Development cc: Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 5741235 -9660 5741235 -9371 FAx: 5741235 -9697 Fi!od fr. Clerk's Of ►'ice F E 3 1 0 2009 JOHN VOO19DE CITY CLERK, SO. $:YID, [N. FINANCIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD 5741235 -9371 &% pin-t • 6j\ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE AND SALE OF SOUTH BEND REDEVELOPMENT AUTHORITY LEASE RENTAL REFUNDING BONDS (MORRIS PERFORMING ARTS CENTER PROJECT) WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council ") is the fiscal body of the City of South Bend, Indiana (the "City "); and- WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is the governing body of the South Bend Redevelopment District (the "District "); and WHEREAS, the South Bend Redevelopment Authority (the "Authority ") has been created pursuant to Indiana Code 36 -7 -14.5 as a separate body, corporate and politic, and as an instrumentality of the City to finance local public improvements for lease to the Commission; and WHEREAS, the Authority previously entered into a lease with the Commission dated as of May 1, 1997, as amended (the "Lease "), which Lease was heretofore approved by this Common Council and pursuant to which Lease the Authority leased to the Commission certain local public improvements, namely the Morris Performing Arts Center, which includes the Morris Civic Center and certain portions of the Palais Royale facility and related improvements; and WHEREAS, the Authority previously issued its Lease Rental Revenue Bonds of 1998 (Morris Performing Arts Center Project) (the "Prior Bonds ") for the purpose of acquiring, constructing, renovating and equipping the Morris Performing Arts Center; and WHEREAS, the Authority previously adopted its Resolution No. 162 at a meeting of the Authority held on January 16, 2008, in which the Authority determined to issue and sell its lease rental refunding bonds in an aggregate principal amount not to exceed Eight Million Dollars ($8,000,000) (the "Refunding Bonds ") for the. purpose of currently refunding the Prior Bonds to provide a savings; and WHEREAS, the Authority was not able to sell its Refunding Bonds at interest rates, which would provide sufficient savings prior to July 1, 2008, due to market conditions; and WHEREAS, Section 164 of P.L. 146 -2008 added § 6- 1.1 -17 -20.5 to the Indiana Code effective as of July 1, 2008, which now requires that the Common Council, as the fiscal body of the City, approve of the issuance of the proposed Refunding Bonds by the Authority; and WHEREAS, as a result of the issuance of the Refunding Bonds and the corresponding reduction of rental payments due under the Lease, the Commission will achieve significant'annual savings; and BDDB01 5554144v1 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The issuance of the Refunding Bonds by the Authority for the purpose of refunding the Prior Bonds, which will permit the Lease to be amended to reduce the rental payments due thereunder by the Commission to the Authority, thus achieving a savings to the Commission, is hereby approved. Section II. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor as provided by law. Member of the Common Council Si :rE...ff.'1{ J ' ,.. �.is; 4 Ci i:u..� ti is �1e1. iT l:�l op .unity for puhi'jc hearing and Counal 80M or' M '6 f PRESENTED NOT APPR(7 -90 ADOPTED BDDB01 5554144v1 -2- Hod In Clank- Of3 I cla, F E B 1 8 2009 J IN VOU1RCc CITY CL 5 EEND, IN. 00. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2517& 2521 WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This property is being used as a dealership, body shop and painting of cars for the last 30 years. The purpose of rezoning is to change this from MU Mixed Use District to CB Community Business District, to be used as collision repair place, later we would like to turn it into a restaurant or a general auto repair. 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: Lots numbered six hundred thirty -two (632) and six hundred and thirty three (633) as shown on the reported plat of Third Plat Summit Place addition to the City of South Bend recorded, April 9, 1904, in plat book 8, page 162 in the Office of the Recorder of St. Joseph County, Indiana. be and the same is hereby established as CB Community Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Coudc'il Attest: Signing of HIS hzli is only to pmvida, an opgortunity for public henaring and Council action on thi3 issuve. 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 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED, PASSED Filed In Clerk's Office FEB 1 3 2009 JOHN VOORDE CITY CLERK, SO. BEN I% IN. Date filed Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be re -zone is located at: 2517 -21 Western Ave. South Bend Indiana 46619 2) Name and address of property owner(s) of the petition site: Name: Reyna Benitez Full address and phone number: 2517 -21 Western Ave, South Bend Ave, 46619 phone 574- 234 -0166 or cell 773 -557 -9863 3) Name and address of the contingent purchaser(s), if applicable: Name: Reyna Benitez Full address and phone number: 2517 -21 Western Ave, South Bend Ave, 46619 phone 574- 234 -0166 or cell 773 -557 -9863 4) It is desired and requested that this property be rezoned. From t Y1 lS To 5) This rezoning is requested to allow the following use(s): Collision Car Repairs for 5 years later we would like to turn in to a restaurant with Liquor License or Auto Repair Place. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) 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 (f) a location map, if available, drawn to scale, which includes street name, printed in 81/2" x 11" format. Signature(s) of all property owner(s) PETITION PREPARED BY: Name: Reyna Benitez Full address and phone no. 2517 -21 Western Ave, South Bend Ave, 46619 phone 574- 234 -0166 or cell 773 -557 -9863 Reyna Benitez CONTACT PERSOr -r-. (if different) Name: Reyna Benitez Full address and phone no. 2517 -21 Western Ave, South Bend Ave, 46619 phone 574- 234 -0166 or cell 773 -557 -9863 _ Filed In Ciro' FEB 1 7 2009 j0'r;lb vOop.DE CVV CLrq Application No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL AND PROGRAM EXPENDITURES FOR THE FISCAL YEAR 2009 INCLUDING, $298,000 FROM THE PARKS NON - REVERTING CAPITAL FUND, $115,000 FROM THE COVELESKI STADIUM FUND, $100,000 FROM THE NON - REVERTING RECREATION FUND, $4,000 FROM THE EAST RACE WATERWAY, $1,500 FROM THE CEMETERY TRUST FUND STATEMENT OF PURPOSE AND INTENT The City anticipates making various capital improvements to its facilities and capital inventory during fiscal year 2009 and has determined that it is necessary and appropriate to make payment of these expenses and to appropriate sufficient funds from the various Park funds of the City to do so, and that it is in the best interests of the City that the same occur. The specific capital improvements and expenditures the City anticipates making and the capital funds from which appropriations are made to support those expenditures are identified hereafter. NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: . SECTION I. The following amounts shall be and hereby are appropriated in the fiscal year 2009 and ordered set apart within the following designated capital funds for the payment of the expenses identified below, and in accordance with the detail attached as Exhibit A. FUND AMOUNT COVELESKI STADIUM ( #401) $115,000 PARKS NON - REVERTING CAPITAL FUND (Fund # 405) $298,000 RECREATION NON - REVERTING FUND ( 9203) $100,000 EAST RACE WATERWAY FUND ( #271) $ 4,000 CITY CEMETERY TRUST ( 9730) $ 1,500 SECTION II. If any one or more of the provisions of this ordinance or of the subparts of the previous Section I shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this ordinance shall be construed as if such invalid, illegal or unenforceable provision was not contained therein. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. MEMBER OF THE COMMON COUNCIL '81gi i,mg c, Us U'll is only to provide an ATTEST: opportuni €fir for publin. h e Mng and cou"Icil us CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF 2 , AT 0. CLOCK _. M. CITY CLERK APPROVED AND SIGNED BY ME ON THE 2 , AT 0- CLOCK M. DAY OF MAYOR, CITY OF SOUTH BEND, INDIANA 1st RfADINd L -2-3-0 b PUBLIC HEARIM! rd READING ;OT APPROYE0. Filed In Cleyle s 0111 EE CtrY Ct E, 80. BEND,, I REFERRED PASSEII COVELESKI STADIUM CAPITAL FUND - Fund # 401: LAND IMPROVEMENTS: 401 - 0401 - 452.42 -01 Total Land Improvements for Coveleski BUILDING IMPROVEMENTS: 401 - 0401 - 452.42 -02 Reseal Control Joints Unexpected Capital Expense Painting Concrete Repair Hot Water Tank Replacement Total Building Improvements for Coveleski MISC EQUIPMENT: 401- 0401 - 452.43 -10 Foul Net Replacement Club Car Total Misc Equipment for Coveleski 0 7,000 7,000 15,000 20,000 27,000 76,000 30,000 9,000 39,000 TOTAL COVELESKI STADIUM CAPITAL BUDGET 115,000 PARK DEPARTMENT NON - REVERTING CAPITAL FUND - Fund # 405: FORESTRY - MATERIALS AND EQUIPMENT: 405- 1101 - 452.43 -07 Forestry Equipment 4,000 5,000 Nursery Stock Total Forestry - Park Non - reverting Funds 9,000 ICE RINK - MATERIALS AND EQUIPMENT: 405 - 1101 - 452.43 -07 Total Ice Rink - Park Non - reverting Funds 0 EAST RACE - MATERIALS AND EQUIPMENT: 405 - 1101 - 452.43 -07 Rafts Total East Race- Park Non - reverting Funds PICNIC AREAS - MATERIALS AND EQUIPMENT: 405 - 1101 - 452.43 -07 Total Land Improvements for Picnic Non - reverting Fund GOLF - LAND IMPROVEMENTS: 405 - 1102 - 452.42 -01 Irrigation Pump Replacement (Studebaker) Well Cleaning (Elbel) Total Land Improvements for Golf Non - reverting Fund GOLF- BUILDINGS AND BUILDING IMPROVEMENTS: 405 - 1102 - 452.42 -02 10,000 10,000 0 13,000 15,000 28,000 0 GOLF - MATERIALS AND EQUIPMENT: 405 - 1102 - 452.43 -07 Golf Carts (I 10) Security Gate 66,000 5,000 Page 1 2009 Capital Budget 1- 1- 23- 09.x1s Total Golf - Material and Equipment for Park Non - reverting Funds 71,000 Total Golf - Park Non - reverting Funds POTAWATOMI ZOO - LAND IMPROVEMENTS: 405 - 1104 - 452.42 -01 0 Total Zoo - Land Improvements for Park Non - reverting Funds 0 POTAWATOMI ZOO - BUILDING IMPROVEMENTS: 405 - 1104 - 452.42 -02 68,500 Exhibit Improvements Total Zoo - Building Improvements for Park Non - reverting Funds 68,500 POTAWATOMI ZOO - OFFICE EQUIPMENT: 405 - 1104 - 452.43 -03 10,000 Office Equipment Total Zoo - Building Improvements for Park Non - reverting Funds 10,000 POTAWATOMI ZOO - MATERIALS & EQUIPMENT: 405 - 1104 - 452.43 -07 4,500 Animal Enrichment Equipment 6,000 Education Materials 6,000 Landscaping Project 15,000 Animal Purchases 20,000 Hospital Equipment 20,000 Concession Equipment 30,000 Education Van Total Zoo - Materials & Equipment for Park Non - reverting Funds 101,500 Total Zoo - Park Non - reverting Funds 180,000 70TAL PARK NON - REVERTING FUND CAPITAL BUDGET 298,000 RECREATION - NON - REVERTING OPERATING FUND - Fund # 203: LAND IMPROVEMENTS: 203 - 1103 - 452.42 -01 40,000 Renovation of Belleville Softball Field 40,000 Total Land for Recreation Nonreverting Fund MATERIALS AND EQUIPMENT: 203 - 1103 - 452.43 -07 20,000 Belleville Concessions Equipment 40,000 Fitness Equipment Total Materials and Equipment for Recreation Nonreverting Fund 60,000 TOTAt RECREATI NON REVERTING OPERATING FUND CAPIT BUDGET 100,000 EAST RACE WATERWAY - Fund # 271: MATERIALS AND EQUIPMENT: 271 - 1101 - 452.39 -89 4,000 Historical Signs TOTAL EAST RA CE WATERWAY CAPITAL BUDGET 4,000 CITY CEMETERY TRUST - Fund # 730: MATERIALS AND EQUIPMENT: 730 - 0000 - 452.43 -07 Cemetery Preservation Plan 1,500 TOTAL CITY CEM ETERY TRUST CAPITAL BUDGET 1,500 Page 2 2009 Capital Budget 1- 1- 23- 09.xls Cash Substantiation #405 12/31/08 Cash Balance $472,960 2009 Estimated Revenue $249,000 2009 Appropriation- Capital ($298,000) 12/31/09 Cash Balance $423,960 12/31/08 Cash Balance 2009 Estimated Revenue 2009 Operating Budget 2009 Appropriation - Capital 12/31/09 Cash Balance 12/31/08 Cash Balance 2009 Estimated Revenue 2009 Operating Budget 2009 Appropriation - Capital 12/31/09 Cash Balance 12/31/08 Cash Balance 2009 Estimated Revenue 2009 Appropriation- Capital 12/31/09 Cash Balance #203 $ 695,821 1,319,365 (1,210,698) (100,000) $ 704,488 #271 $ 33,375 500 (6,277) (4,000) $ 23,598 #730 $ 41,785 (1,500) $ 40,285 Prepared by CFANELLO 2/18/2009 f.1 16d �� Clerks € � Page 1 #401 12/31/08 Cash Balance $ 241,908 2009 Estimated Revenue 4,000 2009 Appropriation- Capital (115,000) 12/31/09 Cash Balance $ 130,908 #405 12/31/08 Cash Balance $472,960 2009 Estimated Revenue $249,000 2009 Appropriation- Capital ($298,000) 12/31/09 Cash Balance $423,960 12/31/08 Cash Balance 2009 Estimated Revenue 2009 Operating Budget 2009 Appropriation - Capital 12/31/09 Cash Balance 12/31/08 Cash Balance 2009 Estimated Revenue 2009 Operating Budget 2009 Appropriation - Capital 12/31/09 Cash Balance 12/31/08 Cash Balance 2009 Estimated Revenue 2009 Appropriation- Capital 12/31/09 Cash Balance #203 $ 695,821 1,319,365 (1,210,698) (100,000) $ 704,488 #271 $ 33,375 500 (6,277) (4,000) $ 23,598 #730 $ 41,785 (1,500) $ 40,285 Prepared by CFANELLO 2/18/2009 f.1 16d �� Clerks € � Page 1 W� x 1865 _4 ; County -City Building 227 W. Jefferson Blvd. 12 Floor South Bend, IN 46601 -1830 Phone: 574.235.9216 Fax: 574.235.9929 TDD: 574.235.5567 City of South Bend Stephen J. Luecke, Mayor Department of Adminstration and Finance M. Catherine Fanello, Controller February 18, 2009 Derek Dieter, President South Bend Common Council County -City Building 227 W. Jefferson Blvd. 4` Floor South Bend, IN 46601 -1830 Dear President Dieter: Please find attached an ordinance requesting that monies be appropriated from various Park funds. These funds are not supported by property tax dollars but by user fees. These fund also holds no cash reserves. The cash balance does exist to support these requests from the Parks Department. Phil St. Clair, Director of Parks and I attend the appropriately scheduled Personnel & Finance meeting to discuss these appropriations. Phil is requesting these appropriations as they are needed before spring in order to adequately prepare the various Parks facilities for activities. Please see the attached Cash Substantiation Report that verifies the amount of cash remaining after these requested appropriations. If you have any other questions before the meeting, please contact me. Sincerely, o � M. Catherine Fanello, CP Controller �i� F� 1nr 'e' Office FEB 1 8 2009 ra VO OPME CiTi CL: Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 11- DEFINITIONS TO DEFINE THE BOARD OF ZONING APPEALS AS THE AREA BOARD OF ZONING APPEALS AND THERE BY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Common Council . of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. The ordinance allowed for the continued existence of the City Board of Zoning Appeals. Now, in an effort to reduce duplicate services and still provide the needed services to City residents, the City, already a member of the Area Plan Commission, desires to join the Area Board of Zoning Appeals. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21 -11.02 Definitions, is hereby amended as follows: Board of Zoning Appeals: The numaeipal -Board ur-is ietie ever real prepeAy with the City of South Bend, 7 A .. " 1 n 1, uriu� j ua..�ua Indiana The Area Board of Zoning Appeals of St. Joseph County, Indiana. Section H. This Ordinance shall be in full force and effect on May 22, 2009 and after its passage by the Common Council and approval by the Mayor. V) - Member of the Common Council Attest: City Clerk �' U R is pq 1�7 l;iJ7' e tail Sr 11 7q, IC4stia h A 9 ►EQ.5� Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock . - m. City Clerk Approved and signed by me on the day of , 2009, at o'clock . m. 1st READING L3 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor of the City of South Bend, Indiana Filed In Cloy' F EB 1 8 2009 JOHN VppRRE CT( CLVnh+ BD. °kND' IN. Area (plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Phone 574235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 February 18, 2009 Derek Dieter, President South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Chapter 21, City of South Bend Zoning Ordinance. Dear Mr. Dieter: Attached is a proposed ordinance being initiated by the Area Plan Commission. The purpose is to perform a text changes in the zoning ordinance to define the Board of Zoning Appeals as the Area Board of Zoning Appeals. Please place this item on the February 23, 2009 Council agenda for First Reading. The Area Plan Commission will schedule this ordinance for public hearing on March 17, 2009. If you have any questions, please feel free to contact me. Sincerely, m F11,3d In C4aNt's Offte FEB 1 8 2009 JOHN VOO?gE CITY CLERK, SO. 6_ [N. Larry P. Magliozzi Assistant Director Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan Commission of St. Joseph County John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 February 18, 2009 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 0 _6 . t �� 0�)— 1_ RE: A proposed ordinance of 744 South Main, LLC to zone from LI Light Industrial District to MU Mixed Use District, property located at 744 South Main Street, City of South Bend - APC# 2497 -09 Dear Council Members: I hereby Certify that the above referenced ordinance of 744 South Main, LLC was legally advertised on Thursday, February 5, 2009 and that the Area Plan Commission at its public hearing on Tuesday, February 17, 2009 took the following action: Upon a motion by Richard Warner, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of 744 South Main, LLC to zone from LI Light Industrial District to MU Mixed Use District, property located at 744 South Main Street, City of South Bend is sent to the Common Council with a favorable recommendation. The adaptive reuse of the property will allow the existing building to continue to be an integral part of this block. The proximity of the Center for the Homeless and Hope Ministries will provide a supportive network. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ohn W. Byorm JWB:jsc Attachment CC: 744 South Main, LLC Our Lady of the Road, Inc. Michael J. Baxter 1140 County -City Building South Bend, Indiana 46601 S " 1\� Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2497 -09 Owner: 744 South Main, LLC Location: 744 South Main Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from Light Industrial District to MU Mixed Use District to allow the overnight stay to a small number of people (no more than ten) in relation to the program known as "Weather Amnesty ", whereby people with nowhere to stay are housed on an emergency basis by social agencies and ministries. Land Uses and Zoning: On site: On site is a facility that provides meals, laundry facilities, and other social services to the homeless. North: To the north is an electrical sub - station owned by Indiana and Michigan Power zoned LI Light Industrial District. East: To the east is LC Typesetting zoned MU Mixed Use District. South: To the south is Rink Printing zoned LI Light Industrial District. West: To the west is an electrical sub - station owned by Indiana and Michigan Power zoned LI Light Industrial District. District uses and development standards: The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed -use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site plan description: The total area of the site is 31,515 square feet. The building is 10,772 square feet or 34% of the site. A total of 22 parking spaces are provided with access from Main Street. The total paved area is 12,176 square feet or 38% of the site. The open space is 8,567 square feet or 28% of the site. There is one access from Main Street. Traffic and transportation considerations: Main Street is a four lane one -way road. Additional information: (Agency comments) The existing facility is allowed under the current zoning. In order to allow for overnight stays, the property must be rezoned to Mixed Use and a Special Exception must be obtained. Both the staff and the Board of Zoning Appeals have recommended in favor of the Special Exception. 744 South Main, LLC #2497 -09 Page 1 of 1 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 H 1.5 Support existing transitional housing providers and shelters that offer a continuum of care to move people toward self - sufficiency. ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. 2. Current conditions and character: The building is currently being used during the day for outreach activities. The are a variety of high intensity uses along the Michigan/Main corridor. Main Street is mostly LI Light Industrial, and Michigan Street is mostly MU Mixed Use. There is a gas station zoned C Commercial at the northwest corner of Main Street and Sample Street, and the Center for the Homeless is located immediately southeast of the site, across the alley. 3. Most desirable use: The most desirable use is to maintain the current zoning or a less intense zoning. 4. Conservation of property values: Surrounding property values should not be affected. This rezoning would not compromise the operation of the industrial businesses. 5. Responsible development and growth: It is responsible development and growth to allow the expansion of services to accommodate for the loss of services in another area. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The adaptive reuse of the property will allow the existing building to continue to be an integral part of this block. The proximity of the Center for the Homeless and Hope Ministries will provide a supportive network. 744 South Main, LLC #2497 -09 Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 SOUTH MAIN STREET, COUNCILMANIC DISTRICT SIX (6) IN THE CITY OF SOUTH BEND, INDIANA The property at 744 S. Main St. is currently zoned LI Light Industrial District. This petition seeks a rezoning to MU Mixed Use District. The purpose of the proposed re- zoning is to allow the petitioner, Our Lady of the Road, to give overnight stay to a small number of people (about ten) in relation to the program known as "Weather Amnesty" whereby people with nowhere to stay are housed on an emergency basis by social agencies and ministries. 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: The south 31' of Lot 5 and All of Lots 6, 7, and S including the east/west vacated alley between Lots 5 and 6 in Wadhams 1 St Addition be and the same is hereby established as MU Mixed Use 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. Attest: City Clerk Member of the Common Council 2 Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock m. City Clerk Approved and signed by me on the day of , 2009, at O'clock .m. Mayor of the City of South Bend, Indiana IV READING 1- l L_ Oc� PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Hied in Cler'les Office F E B - 9 i JOHN VOCRDE CITY CLERK, EO 8EIA IN