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HomeMy WebLinkAbout06-12-00 Council Meeting MinutesREGULAR MEETING JUNE 12.2000 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, June 12, 2000, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1' District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Karl King 40' District David Varner 5d' District Andrew Ujdak 6"' District Karen L. White At -Large Absent: Sean Coleman At -Large Al `Buddy" Kirsits At -Large Vice - President President Chairperson, Committee of the Whole REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the May 8, 2000 and May 22, 2000 meetings of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Varner made a motion that the minutes of the May 8, 2000 and May 22, 2000 meetings of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Chairman Uj dak presiding. BILL NO. 35 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1515 KEMBLE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "D" Light Industrial, "F" Height and Area to "A" Residential, "F" Height and Area to allow a single family house. The property currently contains a single family house. Located to the north, east and south are single family homes zoned "D" Light Industrial; and to the west are businesses zoned "D" Light Industrial. Access to the site is from Kemble Street. The total site to be rezoned is six thousand one hundred (6,100) square feet. Based on information available prior to the Area Plan Commission Public Hearing, the staff recommended REGULAR MEETING JUNE 12.2000 that this petition be sent to the Common Council with a favorable recommendation. The petition property is surrounded by single family homes on a residential street and the staff sees little chance for industrial use of this site in the near future. Additionally, the Area Plan Commission, at its Public Hearing held on May 16, 2000 sends this petition to the Council with a favorable recommendation Ms. Anastacia Gring,1515 Kemble Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Gring informed the Council that she has lived in this house for the last twelve (12) years and is planning on selling it. However, she was unaware when she moved in that it was zoned industrial and therefore in order to sell it at this time she is requesting that the zoning be changed from industrial to residential. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 36 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 231 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "A" Residential, "A" Height and Area, and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow the expansion of a fast food restaurant. The property currently contains a Taco Bell restaurant. Located to the north are single family homes zoned "A" Residential, "A" Height and Area; to th east, west and south are commercial uses zoned "C" Commercial, "A" Height and Area. Access to the site is from Ireland Road. The total site to be rezoned is forty thousand nine hundred sixty -four (40,964) square feet. Of that, the buildings will occupy six per cent (6 %) of the site, the parking and drives will occupy sixty -six per cent (66 %) of the site and twenty -eight per cent (28 %) of the site will remain as open space. Based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation subj ect to a final site plan. The lot is currently split between residential and commercial zoning. All of the other lots along the north side of this portion of Ireland are zoned commercially to the north lot line. The approval of this petition would extend the commercial zoning line on this property to match all of the surrounding properties. Additionally, at its Public Hearing held on May 16, 2000, the Area Plan Commission sent this petition to the Council with a favorable recommendation. Mr. Travis Saunier, GPD Associates, 520 South Main Street, Suite 2531, Akron, Ohio, representing Taco Bell, made the presentation for this petition. Mr. Saunier stated that this rezoning is for the redevelopment of the existing store on Ireland Road and he believes the commission has done a good job of presenting the project to the Council. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 1 1 u' REGULAR MEETING JUNE 12, 2000 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 27-00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE LOCATED AT 501 WEST COLFAX, COMMONLY KNOWN AS THE REMEDY BUILDING, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion that this bill be continued until the June 26, 2000 meeting of the Council. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 45-00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3020 BUCKINGHAM, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made a motion that this bill be continued until the July 24, 2000 meeting of the Council at the request of the petitioner. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 44-00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF WARREN STREET FROM THE SOUTH RIGHT -OF -WAY OF WESTERN AVENUE TO THE NORTH LINE OF THE FIRST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 132 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN SOUTH BEND INDUSTRIAL PARK ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation subject to contingencies regarding easement and access for waste trucks. At this time Council Attorney Kathleen Cekanski- Farrand offered an amendment to the bill based on the contingencies referred to by Councilmember Varner. The amendment offered is as follows: Section V. shall read in its entirety as follows: Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and subject to the conditions set forth in the June 12, 2000 letter of the Board of Public Works which is on file in the office of the City Clerk. Councilmember Aranowski made a motion to accept the amendment as offered. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Ms. Karen Paredes, 2012 West Western Avenue, South Bend, Indiana, made the presentation for this petition. Ms. Paredes informed the Council that she would like to vacate the alley to get the parking lot right next to her building to be adjoining without the alley dividing it. REGULAR MEETING JUNE 12, 2000 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 46-00 PUBLIC HEARING ON A BILL AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE DEMAND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2000 (DELUXE SHEET METAL, INC. PROJECT), THE PROCEEDS OF WHICH SHALL BE LOANED TO DSM HOLDING, LLC, TO FINANCE THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF AN ECONOMIC DEVELOPMENT FACILITY LOCATED WITHIN THE CITY OF SOUTH BEND, INDIANA FOR LEASE TO DELUXE SHEET METAL, INC.; PROVIDING FOR THE PLEDGE AND ASSIGNMENT OF REVENUES FOR THE PAYMENT OF SAID BONDS; AUTHORIZING A TRUST INDENTURE, LOAN AGREEMENT AND BOND PURCHASE AGREEMENT, AUTHORIZING THE USE AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT WITH RESPECT TO THE BONDS; AUTHORIZING AGREEMENTS TO SECURE FURTHER THE PAYMENT OF SAID BONDS; AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Mr. Kenneth P. Fedder, Attorney at Law, 205 West Jefferson Boulevard, South Bend, Indiana, advised that he is the attorney for the South Bend Economic Development Commission and will be making the presentation for this bill. Mr. Fedder informed the Council that this is an Industrial Revenue Bond for $2 million dollars of a bond issue of $2.5 million dollars for a project that will be undertaken by Deluxe Sheet Metal, Inc., as they continue to expand. Deluxe Sheet Metal will be occupying a new facility that is going to be constructed at 6661 Lonewolf Court in South Bend. It will be a forty thousand (40,000)square foot new addition to be used for manufacturing. This bond issue will pay the cost of the acquisition of the land, the construction of the building, installation of new equipment and the equipment itself. The South Bend Economic Development Commission at its Public Hearing passed a Resolution asking the Common Council to likewise approve this funding. This will continue a business that has been in our community for the past twenty -five (25) years. It will create additional payroll and will create additional tax revenues from the project itself. Mr. Fedder noted that there is no liability on the part of the taxpayers of the City as this is not a general obligation bond. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning REGULAR MEETING JUNE 12, 2000 this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes BILL NO. 28-00 PUBLIC HEARING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGARDING ADULT BUSINESSES Councilmember Varner made a motion that this bill be continued until the July 10, 2000 meeting of the Council at the request of the petitioner. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Kelly made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: (G�� "/- ja6_' Loretta . Du ity Clerk Committee of the REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:20 p.m. Council President Charlotte Pfeifer presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9111 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH, ROYAL OAK ESTATES AND COMMUNITY BAPTIST CHURCH This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9112 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1515 KEMBLE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Ujdak made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9113 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 231 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING JUNE 12, 2000 This bill had third reading. Councilmember Kelly made a motion to consider the amended by substitution version of this bill. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as amended by substitution. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9114 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF WARREN STREET FROM THE SOUTH RIGHT -OF -WAY OF WESTERN AVENUE TO THE NORTH LINE OF THE FIRST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 132 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN SOUTH BEND INDUSTRIAL PARK ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner made a motion to consider the amended version of this bill. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9115-00 AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE DEMAND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2000 (DELUXE SHEET METAL, INC. PROJECT), THE PROCEEDS OF WHICH SHALL BE LOANED TO DSM HOLDING, LLC, TO FINANCE THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF AN ECONOMIC DEVELOPMENT FACILITY LOCATED WITHIN THE CITY OF SOUTH BEND, INDIANA FOR LEASE TO DELUXE SHEET METAL, INC.; PROVIDING FOR THE PLEDGE AND ASSIGNMENT OF REVENUES FOR THE PAYMENT OF SAID BONDS; AUTHORIZING A TRUST INDENTURE, LOAN AGREEMENT AND BOND PURCHASE AGREEMENT, AUTHORIZING THE USE AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT WITH RESPECT TO THE BONDS; AUTHORIZING AGREEMENTS TO SECURE FURTHER THE PAYMENT OF SAID BONDS; AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS This bill had third reading. Councilmember Aranowski made a motion to consider the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. REGULAR MEETING RESOLUTIONS: JUNE 12, 2000 RESOLUTION NO. 2877-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1803 SOUTH BEND AVENUE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 1803 South Bend Avenue, South Bend, IN, in order to operate a Family Restaurant with lounge, pursuant to Section 21- 117.06A(a.1). The property is presently zoned C- Commercial. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. REGULAR MEETING JUNE 12.2000 SECTION V. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Kenneth P. Fedder, Attorney at Law, Allen, Fedder, Herendeen & Kowals, 205 West Jefferson Boulevard, Suite 606, South Bend, Indiana, made the presentation for this Resolution. Mr. Fedder informed the Council that the Board of Zoning Appeals has granted a special exception for this property. Mr. Don Fozo, Building Commissioner, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, advised members of the Council that the Board of Zoning Appeals, at its meeting held on May 18, 2000, sends this petition to the Council with a favorable five -zero recommendation. This petition will allow a restaurant with an area that will exclude minors which falls under a controlled use within one thousand (1,000) feet of two (2) other controlled uses. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. At this time Councilmember Ujdak advised that because of a conflict he will be recusing himself from voting on this matter. Councilmember White seconded the motion made by Councilmember King which carried by a roll call vote of six (6) ayes. BILL NO. 00 -49 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3445 WILLIAM RICHARDSON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THOMAS E. LOWE (PLAYING MANTIS, INC.) Councilmember Kelly made a motion that this Resolution be stricken at the request of the Petitioner. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 2878-00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1137 SOUTH LAFAYETTE BLVD. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR G & B REALTY, LLC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1137 South Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING JUNE 12.2000 BEGINNING AT THE SW CORNER OF LOT 7, STULL'S EDITION; THENCE, N ALONG THE E RIGHT -OF -WAY OF AN ALLEY A DISTANCE OF 336.06 FEET + OR - TO A POINT; SAID POINT BEING THE NW CORNER OF THE S V2 OF LOT 64, SOUTH BEND CITY EDITION; THENCE, E ALONG THE NORTHERN BOUNDARY OF SAID %2 OF LOT 64 WHICH IS ON THE WESTERN RIGHT -OF -WAY OF LAFAYETTE BLVD.; TH4ENCE, S A DISTANCE OF 275 FEET + OR - TO THE SE CORNER OF LOT 6, STULL'S SECOND EDITION; THENCE, W A DISTANCE OF 125 FEET TO A POINT; THENCE, S 66 FEET TO A POINT; THENCE, W 40 FEET TO A POINT OF BEGINNING. ALL BEING WITHIN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE OF INDIANA SOUTH %2 125 FT EAST END LOT 7 SAMUEL C. STULLS 2"D and which has Key Numbers 18- 8006 -0288, 18- 8002 -0115, 18- 8006 -0282, 18- 8006 - 028201, 18- 8006 -0285, 18- 8006 - 028501, 18- 8002 -0116, 18- 8006 - 028801, 18- 8006 - 028802, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. se g. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Gunther W. Jordan, President and owner of Exacto, Inc., 1137 South Lafayette Boulevard, South Bend, Indiana, made the presentation for this Resolution. Mr. Jordan introduced his wife Barbara who was also present for the presentation. Mr. Jordan advised that he and his wife are the owners of Exacto, Inc., which is in a UEZ area and the Sample/Ewing Street Development Area. They are a precision machine shop manufacturing parts and components for diesel engines, fuel injector systems, turbo chargers and air compressors for trucks. The tax abatement is needed for additional space for manufacturing. In 1997 G & B Realty, LLC, which is under a common ownership with Exacto, bought the real estate of Exacto and is leasing it to Exacto. They have invested in employee training and retain a full time trainer. Mr. Jordan further noted that they have $5 million dollars per year in sales and employ forty -four (44) REGULAR MEETING JUNE 12.2000 minority individuals and eleven (11) UEZ zone residents. It is anticipated that eight (8) new jobs will be added with the expansion. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Ujdak made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 2879-00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5681 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR REW LLC (CORPORATE SERVICES, INC.) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5681 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: LOT #3 CROSSROADS INDUSTRIAL COMPLEX BRICK ROAD MINOR SUBDIVISION and which has Key Number 25 -1018- 061614, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (insert number of years () years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. seq. REGULAR MEETING JUNE 12.2000 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Bob Wozny, 51500 Stratton Court, Granger, Indiana, made the presentation for this abatement. Mr. Wozny advised that Corporate Services performs marketing support services including printing, packaging, assembly, warehousing and distribution. Their proj ect will involve a $2.2 million dollar addition of seventy -two thousand (72,000) square feet for a total of two hundred fifty thousand (250,000) square feet. The project will additionally maintain one hundred thirty -five (13 5) existing permanent full -time and seventeen (17) part-time jobs. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 00 -57 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS A PARCEL OF LAND ON CLEVELAND ROAD ADJACENT AND WEST OF 4647 CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CLEVELAND ROAD PARTNERS L.P. Councilmember Kelly made a motion that this Resolution be continued indefinitely at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 2880-00 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 3851 OLIVE ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR JVE INVESTMENT LLC (THE TIRE RACK, INC.) 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 3851 Olive Road, South Bend, Indiana, and which is more particularly described as follows: WEST SIDE SOUTHWEST 1/4 65.40 ACRES AND SOUTHWEST NORTHWEST 1/4 SOUTH OF TOLL ROAD 1.5 ACRES MORE OR LESS SECTION 19 38 2 EAST and which has Key Number 25- 1011 -0186, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et. sea. and; REGULAR MEETING JUNE 12, 2000 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. sea., and South Bend Municipal Code Sections 2 -76, et sea., 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. sea., 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 of 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 ofbenefits 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 set forth as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION 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 F1 REGULAR MEETING JUNE 12.2000 for and is granted property tax deduction for a period of ten (10) 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 ofthe 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. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Dean Uminski, representing the Petitioner, Mr. Thomas F. Veldman, Vice - President of The Tire Rack, Inc., made the presentation for this tax abatement. No address was given for the record. Mr. Uminski indicated that this project is a four hundred forty thousand (440,000) square foot warehousing and corporate office facility which represents an investment of $10.6 million dollars. With this business staying in South Bend one hundred and ninety -one (191) jobs will remain here with approximately fourteen (14) new jobs to be added over a period of three (3) years. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 2881-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3333 WEST LATHROP DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TOTAL ENTERPRISES, LTD. 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 3333 West Lathrop Drive, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A tract of land in the Southeast Quarter of Section Twenty -eight (28), Township Thirty-Eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the Southeast corner of said Section Twenty -eight (28); thence South 90 degrees 00 minutes 00 seconds West on and along the South line of said Section Twenty -Eight (28), said line being also the center line of Lathrop Street (formerly Douglas Road) a distance of 990.00 feet; thence North 0 degrees 10 minutes 55 seconds East a distance of 20.00 feet to the North line of Lathrop Street (formerly Douglas Road) and the true place of beginning; thence continuing on a bearing of North 0 degrees 10 minutes 55 REGULAR MEETING JUNE 12.2000 seconds East a distance of 620 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 447.97 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of 620 feet to the North line of Lathrop Street (formerly Douglas Road); thence South 90 degrees 00 minutes 00 seconds West on and along the North line of said Lathrop Street (formerly Douglas Road) a distance of 449.94 feet to the place ofbeginning, EXCEPTING THEREFROM a tract of land in the Southeast Quarter of Section Twenty -eight (28), Township Thirty-eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana, described as follows: Beginning at the Southeast corner of said Section Twenty -eight (28); thence Westerly on and along the South line of said Section Twenty -eight (28); said line also being the center line of Lathrop Street, a distance of 540.00 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 20.00 feet to the true place of beginning, said point also being on the existing North right -of -way of Lathrop Street; thence South 90 degrees 00 minutes 00 seconds West a distance of 449.94 feet; thence North 00 degrees 10 minutes 55 seconds East a distance of 20.00 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 449.88 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of 20.00 feet to the place of beginning. Subject to legal highways. PARCEL II: A part of the Southeast Quarter of Section Twenty -eight (28), Township Thirty-eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the Southeast corner of said Section; thence North 90 degrees 00 minutes 00 seconds West 540.00 feet along the South line of said Section; thence North 0 degrees 00 minutes 00 seconds West 640.00 feet to the point of beginning of this description; thence South 90 degrees 00 minutes 00 seconds West 447.97 feet; thence North 0 degrees 10 minutes 55 seconds East 151.26 feet; thence Southeasterly 34.57 feet along an arc to the left having a radius of 480.0 feet and subtended by a long chord having a bearing of South 87 degrees 58 minutes 20 seconds East and a length of 34.56 feet; thence South 90 degrees 00 minutes 00 seconds East 412.96 feet; thence South 0 degrees 00 minutes 00 seconds West 150.03 feet to the point of beginning. Subject to legal highways. PARCEL III: A part of the Southeast Quarter of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two (2) East, St. Joseph County, Indiana, described as follows: Commencing at the Southeast corner of said Section; thence North 90 degrees 00 minutes 00 seconds West 540.00 feet along the South line of said Section; thence North 00 degrees 00 minutes 00 seconds West 40.00 feet to the point of beginning of this description; thence North 00 degrees 00 minutes 00 seconds West 750.03 feet; thence North 90 degrees 00 minutes 00 seconds East 44.05 feet; thence Easterly 25.96 feet along an arc to the right having a radius of 506.47 feet and subtended by a long chord having a bearing of South 88 degrees 31 minutes 54 seconds East and a length of 25.96 feet; thence South 00 degrees 00 minutes 00 seconds West 749.36 feet; thence North 90 F_j 1 i L REGULAR MEETING JUNE 12.2000 degrees 00 minutes 00 seconds West 70.00 feet to the point of beginning. Subject to legal highways. and which has Key Number 25- 1010 -0409, 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 seg., 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 se g., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community 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. seg., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. 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. the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration 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 -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. REGULAR MEETING JUNE 12.2000 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. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Phil Faccenda, Jr., Barnes & Thornburg, 600 1st Source Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Faccenda advised that Total Enterprises manufactures tooling primarily for use in the automotive and office furniture industries. The project involves the purchase of a new foundry, pattern shop and engineering machinery for a cost of approximately four hundred fifty thousand dollars ($450,000.00) to five hundred fifty thousand dollars ($550,000.00). It is estimated that the project will create fourteen (14) new full time jobs representing an annual payroll of four hundred fifty thousand dollars ($450,000.00) to five hundred fifty thousand dollars ($550,000.00). Mr. Faccenda reminded the Council that Total Enterprises came before the Council in 1996 and in 1998 for similar expansion projects involving personal property tax abatement and they request the Council's support at this time. A Public Hearing was Field on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 2882-00 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 213, 221, AND 229 SADIE STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY, INDIANA WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 213, 221, and 229 Sadie Street, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 213 Sadie Street Lot D, Arnold's Second Addition to South Bend, 18- 2023 -0695 First Replat 221 Sadie Street Lot C, Arnold's Second Addition to South Bend, 18- 2023 -0691 First Replat 229 Sadie Street Lot B, Arnold's Second Addition to South Bend, 18- 2023 -0687 First Replat REGULAR MEETING JUNE 12, 2000 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seg., 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 a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et sea., 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 a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; REGULAR MEETING JUNE 12, 2000 C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. John Butkovich, 402 East South Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Butkovich informed the Council that this tax abatement allows Habitat to build three (3) more houses in the near westside neighborhood which he believes will have a positive impact in the area. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. REGULAR MEETING JUNE 12.2000 RESOLUTION NO. 2883-00 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 00 -61) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC., NATHAN LERMAN TRUST AND A & F REALTY CO. RESOLUTION NO. 2884-00 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 00 -62) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC. Councilmember Aranowski made a motion to combine Bill Nos. 00 -61 and 00 -62 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 2883-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC., NATHAN LERMAN TRUST AND A & F REALTY CO. 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 2722 West Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: A part of the South % of the Northwest 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16, 1993 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co. Inc.'s building; thence North REGULAR MEETING JUNE 12, 2000 along said West edge ofbuilding,172.0 feet; thence Westerly parallel with the North right -of -way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with said North line of said right -of -way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (%) ofthe Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the Norther and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and One One - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) ofthe Northwest Quarter (1/4) of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety -nine and Eighty -six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North, Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15, 600 feet West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) East, now within and apart of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 feet to the North line of the REGULAR MEETING JUNE 12, 2000 right -of -way of the Indiana Northern Railroad; thence East along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No.2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right -of -way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right -of -way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence North Easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right -of -way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16 which lies South of the North line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right -of -way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.3 5 feet to the North line of the right -of -way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty -five hundredths (718.25) feet South of the North line of said Section No. 15, said point of beginning being on the Southerly line of a strip of land Fifty (50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen - hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty -seven (1327) feet to the West line of said quarter Section, thence North on said West line, a distance of Four REGULAR MEETING JUNE 12, 2000 Hundred Ninety -three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York central Railway Company; thence North Easterly along the Southerly line of said last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place of beginning; thence East ten hundred Fifty -seven and Thirteen hundredths (1057.13) feet, more or less, to the place of beginning, and containing Seventeen and seven hundred Sixty -one thousandths (17.761) acres, exclusive of Olive Street. All that part of the East Half of the North West Quarter of the North West Quarter of Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of the right -of -way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting therefrom a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right -of -way and the East line of the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right -of -way to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, more or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right -of -way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the place of beginning. and which have Key Numbers 18- 8075 -2838, 18- 8075 -2839, 18- 8075- 284406, 18- 8075 -2843, 18- 8075- 284403, 18- 8075- 284404, 18- 8075- 284502, 18- 8075- 284501, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et. sea-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. sea., and South Bend Municipal Code Sections 2 -76, et sea., 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 ofthe 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. sea., 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; G 1 REGULAR MEETING JUNE 12, 2000 D. That the estimate of the annual salaries of those individuals who will be employed of 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 set forth as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION 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 ten (10) 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. s /Charlotte Pfeifer Member of the Common Council RESOLUTION NO. 2884-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2722 Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: A part of the South %2 of the Northwest 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: REGULAR MEETING JUNE 12, 2000 Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16, 1993 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co. Inc.'s building; thence North along said West edge of building, 172.0 feet; thence Westerly parallel with the North right -of -way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with said North line of said right -of -way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half ( %2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the Norther and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and One One - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) ofthe Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety -nine and Eighty -six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North, Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15, 600 feet West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South REGULAR MEETING JUNE 12, 2000 a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive - Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty-seven (3 7) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 feet to the North line of the right -of -way of the Indiana Northern Railroad; thence East along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No.2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right -of -way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right -of -way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence North Easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right -of -way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16 which lies South of the North line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right -of -way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right -of -way of the Indianallorthern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the REGULAR MEETING JUNE 12.2000 Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty -five hundredths (718.25) feet South of the North line of said Section No. 15, said point of beginning being on the Southerly line of a strip of land Fifty (50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen- hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty -seven (1327) feet to the West line of said quarter Section, thence North on said West line, a distance of Four Hundred Ninety -three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York central Railway Company; thence North Easterly along the Southerly line of said last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place of beginning; thence East ten hundred Fifty -seven and Thirteen hundredths (1057.13) feet, more or less, to the place of beginning, and containing Seventeen and seven hundred Sixty -one thousandths (17.761) acres, exclusive of Olive Street. All that part of the East Half of the North West Quarter of the North West Quarter of Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of the right -of -way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting therefrom a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right -of -way and the East line of the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right -of -way to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, more or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right -of -way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the place of beginning. and which have Key Numbers 18- 8075 -2838, 18- 8075 -2839, 18- 8075- 284406, 18- 8075 -2843, 18- 8075- 284403, 18- 8075- 284404, 18- 8075- 284502, 18- 8075- 284501, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seg., 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 seg., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee ofthe Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. seg., that: REGULAR MEETING JUNE 12, 2000 a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. 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. the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration 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 -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. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on these bills and recommends these Resolutions to the Council favorably. Mr. Gerald Lerman, President, Steel Warehouse, 1121 East Woodside, South Bend, Indiana, made the presentation for these Resolutions. Mr. Lerman indicated that the project for which they are proposing tax abatement is a project estimated between $3.5 and $5 million dollars. It involves a building addition of approximately sixty thousand (60,000) to one hundred thousand (100,000) square feet that will be used for products and they hope to increase the productivity of some of their lines. The biggest part of the REGULAR MEETING JUNE 12, 2000 project involves an investment of $1.4 million dollars for a rotary sheer. This project is expected to add fifteen (15) to nineteen (19) new positions. A Public Hearing was held on the Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these . Resolutions. Councilmember Kelly made a motion to adopt Resolution No. 2883 -00. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. Additionally, Councilmember Kelly made a motion to adopt Resolution No. 2884 -00. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 2885-00 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 325 S. WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MASTERBILT, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 325 S. Walnut Street, South Bend, Indiana, and which is more particularly described as follows: LOT 41 EX SW PT NE COR LOT 42 KNOBLOCKS SUB BOL 84 N OF RR and which has Key Number 18- 3076 -3060, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., 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 sea., and South Bend Municipal Code Sections 2 -76, et sea., 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 ofthe 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- 12.1 -4.5 et. sea., 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 REGULAR MEETING JUNE 12, 2000 employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration 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 -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. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Robert Michalak, President, Masterbilt, Inc., 19436 Staffordshire, South Bend, Indiana, President, made the presentation for this Resolution. Mr. Michalak advised that this business was founded in 1961 and is a machine ship producing fuel control parts which services the aerospace industry. Masterbilt would like to acquire a CNC Turn and Drill machine with live tooling which will help them remain competitive and bring in new customers. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember REGULAR MEETING JUNE 12, 2000 Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 00-64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2000 As there was no one present to make the presentation for this Resolution, Councilmember Kelly made a motion that this Resolution be continued until the June 26, 2000 meeting of the Council. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 2886-00 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 00-65) CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR A BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE GRANT RESOLUTION NO. 2887-00 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 00-66) CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR AN ECONOMIC DEVELOPMENT INITIATIVE GRANT Councilmember Aranowski made a motion that these Resolutions be combined for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 2886-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR A BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE GRANT WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Brownfields Economic Development Initiative Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council ofthe City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application to the United States Department of Housing and Urban Development for a Brownfields Economic Development Initiative Grant. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Brownfields Economic Development Initiative Grant application to be submitted by the Mayor to the United States Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of REGULAR MEETING JUNE 12.2000 any funds received from the United States Department of Housing and Urban Development upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should one be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VI. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council RESOLUTION NO. 2887-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR AN ECONOMIC DEVELOPMENT INITIATIVE GRANT WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for an Economic Development Initiative Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application to the United States Department of Housing and Urban Development for an Economic Development Initiative Grant. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Economic Development Initiative Grant application to be submitted by the Mayor to the United States Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Department of Housing and Urban Development upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should one be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VI. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Ms. Ann Kolata, Director, Department of Redevelopment. 1200 County -City Building, South Bend, Indiana, made the presentation for these Resolutions. REGULAR MEETING JUNE 12, 2000 Ms. Kolata explained that each of these grant applications is going to the United States Department of Housing and Urban Development applying for funds from two (2) separate pools of funds. Funds are available for brownsfields and for economic development. The grants are being applied for the Oliver Plow Works site in the Studebaker Corridor. Each of these grant applications is for eight hundred thousand dollars ($800,000.00) in order to begin this project which is the acquisition and demolition of the Oliver Plow Works. Negotiations are currently underway to acquire the property. If the eight hundred thousand dollar ($800,000.00) is granted, this money cannot actually be used for the project costs. The rules ofthe program are that they must be used in conjunction with a Section 108 Loan. Should the grants be approved the Department will come back to the Council for a Section 108 Loan for the acquisition, demolition and site preparation in order that this project can move forward. She noted that these grant applications are due June 13, 2000. A Public Hearing was held on the Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Ujdak inquired of Ms. Kolata if she would identify the largest single taxpayer in this tax incremental financing district. She advised that it was the New Energy Ethanol Plant. Councilmember Uj dak further inquired if the question about the assessed value of that property has been resolved. Ms. Kolata explained that when the property was sold several years ago the value of the personal property decreased and the increments in that area decreased correspondingly. However, a repayment schedule has been worked out. Councilmember Aranowski made a motion to adopt Resolution No. 2886 -00. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. Additionally, Councilmember Kelly made a motion to adopt Resolution No. 2887- 00. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 00-67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO INDIANA DEVELOPMENT FINANCE AUTHORITY AN APPLICATION FOR A BROWNFIELDS REVOLVING LOW - INTEREST LOAN Ms. Ann Kolata, Director, Department ofRedevelopment.1200 County -City Building, South Bend, Indiana, asked that the Council continue this Resolution indefinitely as the City is limited in the amount of money they can borrow from this fund. They are working on another project and they want to see how that impacts the City's ability to borrow from this fund. Therefore, Councilmember Varner made a motion to continue this Resolution indefinitely. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. BILLS - FIRST READING BILL NO. 47-00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; SYLVIA R. HOUSER REVOCABLE TRUST This bill had first reading. Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on August 28, 2000 and Third Reading on October 9, 2000. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. REGULAR MEETING JUNE 12, 2000 BILL NO. 48-00 FIRST READING ON A BILL TRANSFERRING $60,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND 'ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on June 26, 2000. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 49-00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8889 -98 ADDRESSING TECHNICAL CHANGES TO THE DETECTIVE CLASSIFICATION PAY This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on June 26, 2000. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 50-00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1212 W. FORD ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 51 -00 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 ENTITLED "ZONING" This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Mr. Mike Clark, 1121 North Olive Street, South Bend, Indiana, informed the Council that ten (10) months ago he purchased a recreational vehicle which he has parked at his property. The Department of Code Enforcement is now telling him that he must move the vehicle from his property. He stated that he is paying personal property tax on this vehicle and should be allowed to keep it at his residence. He indicated that some of his neighbors have similar vehicles and they have not been asked to move their vehicles. He also indicated that there are no ordinances that indicate that he can or cannot have his vehicle parked on his property. REGULAR MEETING JUNE 12.2000 In response to Mr. Clarks statement that he telephoned Council President Pfeifer and she did not return his calls, President Pfeifer informed Mr. Clark that she call him back on two (2) different occasions but was only able to leave a message on his answering machine. She informed him that the Council will be in touch with him and that they have been working on this issue for a number of years. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:12 p.m. ATTEST: Loretta J ud , ty C erk ATTEST: Charlotte Pfeifer, Presi C 1