Loading...
HomeMy WebLinkAbout06-24-96 Council Meeting MinutesREGULAR MEETING JUNE 24, 1996 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, June 24, 1996, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members, Pfeifer, Kelly, Varner, Zakrzewski, Coleman, Hosinski and Washington Absent: Council Members Broden and Luecke 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 June 10, 1996, meeting of the Council and found them correct. Therefore, we recommend the same be approved. Is/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the June 10, 1996, meeting be accepted and placed on file, seconded seconded by Council Member Washington. The motion carried. REPORT OF CITY OFFICES Mr. John Stancati, Director, South Bend Water Works updated members of the Council concerning the Water Works operation. Mr. Stancati indicated that they are the only suppliers of water in South Bend which is not always an easy job. He noted that testing of the water is done more frequently than required. Mr. Stancati noted that twenty -eight (28) wells have no contamination, that there are eighteen million gallons of water in reservoirs and twenty -two million gallons of water are consumed daily. Mr. Stancati also advised that there is a new well at the Cleveland field and that they are planning a pilot study on pressure filters. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:08 p.m. with seven members present. Chairman Washington presiding. BILL NO. 31 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: IVY ROAD FROM THE NORTH RIGHT -OF -WAY LINE OF SOUTH BEND AVENUE (S.R.23) TO THE SOUTH RIGHT -OF -WAY OF EDISON ROAD FOR A DISTANCE OF APPROXIMATELY 260 FEET IN LENGTH AND 60 FEET IN WIDTH; PART SITUATED IN THE NORTHWEST QUARTER OF THE WEST ONE -HALF OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee met on this bill and recommends it to the Council favorable. Anthony Zappia, attorney made the presentation for the bill. He advised indicated there are three tenants at the Ivy Road location that are in jeopardy of losing REGULAR MEETING JUNE 24, 1996 parking spaces when State Road 23 widen. He reported that a meeting was held with representatives from the University of Notre Dame and the City's Engineering Department, and the City indicates that they have no objections to this closing. Mr. Zappia noted that barricades will be utilizied as a temporary measure if and when the road is vacated. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO 40 -96 A BILL TRANSFERRING $16,666.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorable. Beth Leonard, Director, Financial & Program Management, Community & Economic Development made the presentation for this bill. She indicated that funds will be transferred from 1995 projects that had a balance and will be put into 1996 programs. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 41 -96 A BILL TRANSFERRING $726,657 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorable. Beth Leonard, Director, Financial & Program Management, Community &Economic Development, made the presentation for this bill. She indicated that this bill reprograms excess dollars from 1995 projects and remaining dollars in prior years projects to be used to fund two (2) new projects. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 42 -96 A BILL APPROPRIATING $8,250.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorable. Beth Leonard, Director, Financial & Program Management, Community & Economic Development, made the presentation.on this bill. She indicated this bill appropriates additional dollars in Emergency Shelter Grants Project from HUD, as funds were not anticipated this will allow the funding of additional programs that the City. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion which carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST APPROVED: ity C e Chairman REGULAR MEETING JUNE �4, 1996 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 7:18 p.m. Council President Kelly presiding, and seven members present. ORDINANCE NO. 8686 -96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: IVY ROAD FROM THE NORTH RIGHT -OF -WAY LINE OF SOUTH BEND AVENUE (S.R.23) TO THE SOUTH RIGHT -OF- WAY OF EDISON ROAD FOR A DISTANCE OF APPROXIMATELY 260 FEET IN LENGTH AND 60 FEET IN WIDTH; PART SITUATED IN THE NORTHWEST QUARTER OF THE WEST ONE -HALF OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8687 -96 AN ORDINANCE TRANSFERRING $16,666.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8688 -96 AN ORDINANCE TRANSFERRING $726,657 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8689 -96 AN ORDINANCE APPROPRIATING $8,250.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of seven ayes. RESOLUTIONS RESOLUTION NO. 2370 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 228 E. BRONSON, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, 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 (common address) and which is more particularly REGULAR MEETING described as follows: JUNE 24, 1996 Lot A Monroe Sample Replat Lot B Monroe Sample Replat Lot G Monroe Sample Replat Lot E Monroe Sample Replat Lot F Monroe Sample Replat with said real estate having the following Key No. 18- 3025 -0910, 18- 3021 -0793, 18- 3024 - 090101, 18- 3025 -0912, 18- 3092 -3513, 18- 3025- 090401, 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 Personal 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 Personal property tax deduction for a period of five (5) 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 -12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on this Resolution at this time. Mr. Mike Wojysiak, CPA, made the presentation for the resolution. He indicated that seven new machines will be purchased, and six new permanent jobs will be created. Mr. Forrest Bedke, South Bend Community School Corporation, indicated he had a memorandum from Mr. Bruce N. Stahly, Executive Director, South Bend Community School Corporation. Mr. Bedke read the memorandum and submitted it to the Council. Mr. Stahley's memo thanks the Council for notifying them of these abatements and complying with Indiana Code. He indicated that he is sure the Council has provided them with the proper information according to the statute but it does not include the actual amount of abatement being requested. Council Member Washington made a motion to adopt this Resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of seven ayes. Council Member Zakrzewski made a motion to combine the public hearings on the next two resolutions, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2371 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING 1 1 I� REGULAR MEETING JUNE 24, 1996 CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE OF INDIANA, INC., STEEL WAREHOUSE CO., INC., ALLAN LERMAN, FRANCES LERMAN, NATHAN LERMAN AND A & F REALTY CO. 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 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 h of the North west 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, 1973 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. REGULAR MEETING JUNE 24, 1996 A tract of land in the West Half ('k) 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 North 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) 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 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 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 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 1 1 REGULAR MEETING JUNE 2:4 +, 1996 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 an 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 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 Railway Company South of the place of beginning; thence North to the place of beginning. A tract of land in the West Half (h) 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: REGULAR MEETING JUNE 24, 1996 Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the North 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 and parallel to the original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to and 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) 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 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. with said real estate having the following Key Nos. 18 -8075- 284406, 18- 8075 -2843, 18- 8075 - 284403, 18- 8075 - 284404, 18 -8075- 284502, 18- 8075 - 284503, 18- 8075- 284501, 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 REGULAR MEETING JUNE 24, 1996 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- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council RESOLUTION NO. 2372 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., 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 2722 Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: A part of the South h of the North west 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, 1973 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: REGULAR MEETING JUNE 24, 1996 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 (h) 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 North 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 - 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) 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 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 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 a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of 1 E 1 REGULAR MEETING JUNE 2.4`', 1996 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 an 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 99.6.08 feet to the West line of said section; thence south 498.35 feet to the North line of the REGULAR MEETING JUNE 24, 1996 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 Railway Company South of the place of beginning; thence North to the place of beginning. A tract of land in the West Half (h) 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 North 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 and parallel to the original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to and 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) 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 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. with said real estate having the following Key Nos. 18 -8075- 284406, 18- 8075 -2843, 18- 8075 - 284403, 18- 8075 - 284404, 18 -8075- 284502, 18- 8075 - 284503, 18- 8075 - 284501, 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. REGULAR MEETING JUNE 2;4', 1996 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTIO'. Declaratory an Economic abatement. only and is adoption of 9-1. The Common Council hereby confirms its Resolution designating the area described herein as Revitalization Area for the purposes of tax Such designation is for real property tax abatement limited to two (2) calendar years from the date 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- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on this Resolution at this time. Ernest Szarwark, attorney, made the presentation on these Resolutions. He indicated that Steel Warehouse is a family owned business that employs three hundred thirty -eight (338) employees and they plan to build an additional building to house materials and manufacturing equipment. He indicated nine additional jobs will be created. Linda Petill, 56121 Birch Road, Osceola, asked how much money Steel Warehouse is going to spend, and her questioned was answer by Mr. Szarwark. Council Member Zakrzewski made a motion to adopt Resolution No. 2371 -96, seconded by Council Member Washington. The Resolution was adopted by a roll all vote of seven ayes. Council Member Washington made a motion to adopt Resolution No. 2372 -96, seconded by Council Member Coleman. The Resolution was adopted with a roll call vote of seven ayes. RESOLUTION NO. 2373 -96 RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4102 WILLIAM RICHARDSON COURT, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX YEAR REAL PROPERTY TAX ABATEMENT FOR PRECISION MILLWORK & PLASTICS, 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 4102 William Richardson Court and which is more particularly described as follows: Lot Numbered Five (5) as plated in the plat of the Toll Road Industrial Park, Phase Two, Section One as recorded as Document No. 9426579 in the Office of the Recorder, St. Joseph County, Indiana with said real estate having the Key No. 25- 1013 - 0216.06 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 REGULAR MEETING JUNE 24, 1996 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. property owner is deduction for a p that the petition Municipal Code of 12.1 et sea. The Common Council hereby determines that the qualified for and is granted Real property tax ariod of six (6) years, and further determines complies with Chapter 2, Article 6, of the the City of South Bend and Indiana Code 6 -1.1- SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Isl Roland Kelly Member of the Common Council A public hearing was held on this resolution at this time. Brian Montgomery, 3601 McGill, made the presentation for this resolution. He advised that Precision Millwork produces wooden displays and intends to erect a second new building, which will cost $500,000, and will create three (3) new jobs. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2374 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1911, 1917, 1921, 2001, 2006, 2014, 2022, 2108, 2112, 2120, 2201, 2205, 2211, 2233 AND 2239 SOUTH MEADE STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR G & M PROPERTIES, E. LEROY YODER AND G & M PARTNERSHIP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 1911, 1917, 1921, 2001, 2006, 2014, 2022, 2108, 2112, 2120, 2201, 2205, 2211, 2233 and 2239 South Meade Street, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 1911 South Meade Street Lot 281 Homeland 3rd Addition 18- 8106 -4031 REGULAR MEETING 1917 South Meade Street 1921 South Meade Street 2001 South Meade Street 2006 south Meade Street 2014 south Meade Street 2022 south Meade street 2108 South Meade Street 2112 South Meade Street 2120 south Meade Street 2201 South Meade Street 2205 South Meade Street 2211 South Meade Street 2233 South Meade Street 2239 South Meade Street JUNE 2 °4 , 1996 Lot 280 Homeland 3rd Addition 18- 8106 -4032 Lot 279 Homeland 3rd Addition 18- 8106 -4033 Lot 278 Homeland 3rd Addition 18- 8106 -4034 Lot 234A Homeland 2nd Replat 18- 8103 -3883 Lot 236A Homeland 2nd Replat 18- 8103 -3885 Lot 238A Homeland 2nd Replat 18- 8103 -3887 Lot 240 Homeland 2nd Addition 18- 8105 -3960 Lot 241A Homeland 2nd Replat 18- 8105 -3962 Lot 243A Homeland 2nd Replat 18- 8105 -3966 Lot 266A Homeland 2nd Replat 18- 8107 -4063 Lot 265A Homeland 2nd Replat 18- 8107 -4064 Lot 264A Homeland 2nd Replat 18- 8107 -4065 Lot 258A Homeland 2nd Replat 18- 8107 -4071 Lot 256A Homeland 2nd Replat 18- 8107 -4073 as Residentially Distressed Areas; 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 a residentially distressed 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 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. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land. B. A significant number of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies. C. The areas have 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. D. The areas (plus any areas previously designated) do not exceed ten per cent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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 also hereby determines and finds the following: REGULAR MEETING JUNE 24, 1996 A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas 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 V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) 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- 12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s /Roland Kelly Member of the Common Council A public hearing was held on this resolution at this time. Mr. Mike Urbanski, 14299 Day Road, Mishawaka, informed the Council that this resolution is for fifteen (15) properties at a minimum construction cost of $975,000. Council Member Zakrzewski made a motion to adopt this Resolution, seconded by Council Coleman. The resolution was adopted by a roll call vote of seven (7) ayes. Council Member Zakrzewski made a motion to combine the public hearings on the next two resolutions submitted, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2375 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE NORTH SIDE OF NIMTZ PARKWAY, NEXT TO 5301 NIMTZ PARKWAY, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF MIDWEST LAND COMPANY 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 the north side of Nimtz Parkway, next to 5301 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Part of the Southeast Quarter (SE 1/4) of Section 20, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Commencing at a one inch iron pipe with a cap stamped M &B 13" marking the Northwest corner of the Southeast 1 C REGULAR MEETING JUNE 24, 1996 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 -1 et sea., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 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 or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of 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 IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Is/ ROLAND KELLY REGULAR MEETING 12.1 et sea. JUNE 24, 1996 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roland Kelly Member of the Common Council RESOLUTION NO. 2376 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE NORTH SIDE OF NIMTZ PARKWAY, NEXT TO 5301 NIMTZ PARKWAY, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF MIDWEST LAND COMPANY 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 the north side of Nimtz Parkway, next to 5301 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Part of the Southeast Quarter (SE 1/4) of Section 20, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Commencing at a one inch iron pipe with a cap stamped M &B 13" marking the Northwest corner of the Southeast Quarter (SE 1/4) of said Section 20; thence South 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE 1/4) of said Section 20 a distance of 427.00 feet to a drill hole set in concrete, said point being the Southwest corner of land conveyed to the State of Indiana in Deed Record 538, Page 72; thence continuing South 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE 1/4) of said Section 20 a distance of 44.25 feet to a drill hole set in concrete on the North right -of -way line of the F.Jay Nimtz Parkway; thence North 89 degrees 40 minutes 07 seconds East along the North right -of -way line of said F. Jay Nimtz Parkway (80 foot right -of -way) a distance of 786.63 feet to the place of beginning of this description; thence continuing North 89 degrees 40 minutes 07 seconds East along the North right -of -way line of said F.Jay Nimtz Parkway (80 foot right -of -way) a distance of 477.78 feet to a one inch pipe with a cap stamped JM&B 13" marking the point of curvature of a tangent curve to the right having a radius of 1640.00 feet and a central angle of 21 degrees 47 minutes 52 seconds; thence Easterly and Southeastwardly along the North right-of- way line of said F.Jay Nimtz Parkway and along said curve a distance of 623.93 feet; thence North 00 Degrees 19 minutes 53 seconds West parallel with the East line of land conveyed to the Board of Aviation Commissioners of St. Joseph County, Indiana, in Deed Record 246, Page 274 a distance of 540.72 feet; thence North 89 degrees 47 minutes 15 seconds West parallel with the North line of the Southeast Quarter (SE 1/4) of said Section 20 and the North line of said 1 1 1 REGULAR MEETING JUNE 24, 1996 A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of 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 IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated 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. Pursuant to Section 2 -84 of the South Bend Municipal Code entitled Council's Authority to Enlarge Real Property Tax Abatement General Standards, the Council declares an exception to its local guidelines in compliance that 1) the petitioner meets 86% of his square footage requirements for a three (3) year real property tax abatement and 2) that without tax abatement it would cause a financial difficulty with regard to financing whereby the business could not go forward. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION 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. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Ls/ ROLAND KELLY Member of the Common Council REGULAR MEETING JUNE 24, 1996 Council Member Zakrzewski made a motion that this resolution be continued until the July 8, 1996, meeting of the Council as the presenter was not present, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 96 -64 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS 5, 6 & 7, JACKSON SUB (UNRECORDED) AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION, INC. Council Member Zakrzewski made a motion that this resolution be continued until the July 8, 1996, meeting of the Council as the presenter was not present, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 96 -65 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 213 & 225 WEST COLFAX AVENUE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND TRIBUNE CORP. Ernest Szarwark, attorney, requested that this resolution be continued until July 8, 1996 meeting of the Council. Council Member Coleman made a motion to continue this bill as requested, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2377 -96 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 211 -213 S. MICHIGAN, AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSE OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR ROBERTSON'S BUILDING 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 211 -213 S. Michigan, South Bend, Indiana, and which is more particularly described as follows: A part of Lots Numbered Two Hundred Eighty -four (284), Two Hundred Eighty -five (285), Two Hundred Eighty -six (286) and Two Hundred Eighty -seven (287) as shown on the Original Plat of the Town, now City, of South Bend, which part is bounded by a line running as follows: Beginning on the West line of Michigan Street, in said City, at a point 87 feet, 5 7/8 inches South of the Northeast corner of Lot Numbered 283 as shown on the said Original Plat; thence running South on said West line of Michigan Street, a distance of 192.2 feet to a point 5 3/8 inches South of the Northeast corner of Lot Numbered 287 in said Plat; thence West 165 feet more or less to the West line of said Lot 287; thence North along said West line 73 feet 5 3/8 inches to the centerline of a vacated 14 foot alley lying between Lots 285 and 286; thence East 44.72 feet; thence North 117.55 feet; thence East 121 feet to the point of 1 1 REGULAR MEETING JUNE 24, 1996 and this property has Key Number 23- 1043 -3010, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et sea. and South Bend Municipal Code Sections 2 -76 et sear and WHEREAS, the Department of 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 -1, ems., 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 Human Resources 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, 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 be reasonably expected to result from the proposed installation of new manufacturing equipment; ® the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of 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 Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as 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 REGULAR MEETING JUNE 24, 1996 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 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 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/ ROLAND KELLY Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Committee had met on this bill and recommends it to the Council favorable. Mr. Jeff Gibney, Executive Director, South Bend Heritage Foundation, made.the presentation for this resolution. He advised that this ten (10) year real property tax abatement is requested for the former Robertson's building. He indicated they are the owner and developer of this project, that involves the construction of ninety -two (92) units for individuals fifty -five (55) years and older. Mr. Gibney stated that the project involves $6 million dollars in hard costs and will employ two (2) full time individuals as well as additional jobs in the retail business that will be included in this project. Construction is anticipated to begin in August with completion in twelve (12) months. Council Member Washington made a motion that Resolution No. 2377- 96 be adopted, seconded by Council Member Varner. The resolution was adopted by a roll call vote of seven ayes. Council Member Coleman made a motion to combine public hearings on the next two resolutions, seconded by Council Member Washington. The motion carried. RESOLUTION NO. 2378 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE,CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 4622 BURNETT DRIVE SOUTH, SOUTH BEND, IN., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SM. OR. CASES, INC. WHEREAS, a petition for personal property tax abatement has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 4622 Burnett Drive South, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Seven A (7A) as shown on the recorded plat of Burnett Industrial Park Replat, recorded July 10, 1990 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9018191. 1 1 1 REGULAR MEETING JUNE 24, 1996 beginning. and which has Key Numbers 18 -3007- 0242.01, 18- 3007 -0244, 18 -3007- 0245 and 18- 3007 -0246 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et sea. and South Bend - Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of 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 -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 -1 et sea., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 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 or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of 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. REGULAR MEETING JUNE 24, 1996 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 to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on 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/ ROLAND KELLY Member of the Common Council RESOLUTION NO. 2379 -96 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 4622 BURNETT DRIVE SOUTH, SOUTH BEND, IN., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR JAMES A. WATTS AND JUDITH WATTS, D /B /A SM. OR. CASES, 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 4622 Burnett Drive South, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Seven A (7A) as shown on the recorded plot of Burnett Industrial Park Replat, recorded July 10, 1990 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9018191 and which has Key Number 23 -1043 -3010, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et sea. and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of 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 -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 Human Resources 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 -1 et sea., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: 1 1 1 REGULAR MEETING JUNE 241 1996 Commissioners Land a distance of 1082.81 feet; thence South 00 degrees 11 minutes 51 seconds West parallel with the East line of land conveyed to the State of Indiana in Deed Record 538, Page 72 a distance of 433.76 feet to the place of beginning of this description. Containing 11.212 acres of land. And said real estate having the following Key Number 25 -1018- 0628, 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 Personal 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 Personal property tax deduction for a period of five (5) 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 -12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 1s/ Roland Kelly Member of the Common Council A public hearing was held on this resolution at this time. Ernest Szarwark, attorney, made the presentation for this Resolution. He indicated that Bowne & Company is known as the best financial printer in the country. He reported they planned to construct a 120,000 square foot building with $20 million dollars in presses and equipment, that will create two hundred new jobs. Council Member Zakrzewski made a motion to adopt Resolution No. 2375 -96, seconded by Council Member Washington. The resolution was adopted by a roll call vote of seven ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 2376 -96, seconded by Council Member Coleman. The Resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 96 -63 • RESOLUTION CONFIRMING THE ADOPTION OF • DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 594, VERNON HEIGHTS ADDITION, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION, INC. REGULAR MEETING JUNE 24, 1996 A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorable. Randy Shrum, Schmanski & Company, made the presentation for these Resolution, He indicated Sm.Or. Cases, Inc., is the manufacturer of soft cases for medical, electronic and musical instruments as well as golf bags and garment bags. He indicated they planned to construct an addition to their building and purchase new equipment. He reported that the equipment will cost $58,000.00 with a total project cost of $158,000, and eleven new full times jobs will be created in the first year. He noted that he had an amendment to Bill No. 96 -68 and Council Attorney Kathleen Cekanski - Farrand read into the record the following language to be added as a new Section 6: SECTION VI. Pursuant to Section 2 -84 of the South Bend Municipal Code entitled Council's Authority to Enlarge Real Property Tax Abatement General Standards, the Council declares an exception to its local guidelines in compliance that 1) the petitioner meets 86% of his square footage requirements for a three (3) year real property tax abatement and 2) that without tax abatement it would cause a financial difficulty with regard to financing whereby the business could not go forward. Council Member Coleman made a motion to accept the amendment as proposed, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion that Resolution No. 2378 -96 be adopted, seconded by Council Member Varner. The resolution was adopted by a roll call vote of seven ayes. Council Member Coleman made a motion that Resolution No. 2379 -96 be adopted, as amended, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2380 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 14 TOLL ROAD INDUSTRIAL PARK AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THOMAS E. LOWE 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 Lot 14 Toll Road Industrial Park, South Bend, Indiana, and which is more particularly described as follows: LOT 14 TOLL ROAD INDUSTRIAL PARK and which has Key Number 23- 1013 - 021111, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et sea. and South Bend Municipal Code Sections 2 -76 et seg., and; WHEREAS, the Department of 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 -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 Human Resources 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 Citv of South Bend. Indiana. as follows: 1 1 REGULAR MEETING JUNE 24, 1996 Quarter (SE 1/4) of said Section 20; thence South 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE 1/4) of said Section 20 a distance of 427.00 feet to a drill hole set in concrete, said point being the Southwest corner of land conveyed to the State of Indiana in Deed Record 538, Page 72; thence continuing South 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE 1/4) of said Section 20 a distance of 44.25 feet to a drill hole set in concrete on the North right -of -way line of the F. Jay Nimtz Parkway; thence North 89 degrees 40 minutes 07 seconds East along the North right -of -way line of said F. Jay Nimtz Parkway (80 foot right -of -way) a distance of 786.63 feet to the place of beginning of this description; thence continuing North 89 degrees 40 minutes 07 seconds East along the North right -of -way line of said F. JAY Nimtz Parkway (80 foot right -of -way) a distance of 477.78 feet to a one inch pipe with a cap stamped W&B 13" marking the point of curvature of a tangent curve to the right having a radius of 1640.00 feet and a central angle of 21 degrees 47 minutes 52 seconds; thence Easterly and Southeastwardly along the North right -of- way line of said F. JAY Nimtz Parkway and along said curve a distance of 623.93 feet; thence North 00 Degrees 19 minutes 53 seconds West parallel with the East line of land conveyed to the Board of Aviation Commissioners of St. Joseph County, Indiana, in Deed Record 246, Page 274 a distance of 540.72 feet; thence North 89 degrees 47 minutes 15 seconds West parallel with the North line of the Southeast Quarter (SE 1/4) of said Section 20 and the North line of said Commissioners Land a distance of 1082.81 feet; thence South 00 degrees 11 minutes 51 seconds West parallel with the East line of land conveyed to the State of Indiana in Deed Record 538, Page 72 a distance of 433.76 feet to the place of beginning of this description. Containing 11.212 acres of land. And said real estate having the following Key Number 25 -1018- 0628, 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: SECTIQ Declaratory an Economic abatement. only and is adoption of 9 I. The Common Council hereby confirms its Resolution designating the area described herein as Revitalization Area for the purposes of tax Such designation is for Real property tax abatement limited to two (2) calendar years from the date 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- REGULAR MEETING JUNE 24, 1996 Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Committee had met on this bill and recommends it to the Council favorable. Richard Snyder, attorney, made the presentation for this resolution. He advised that Thomas Lowe Ventures is a marketer of miniature collectibles and is a national distributor, and this will be the national headquarters and will be the center of distribution. Currently there are twenty -three (23) employees and an additional seven employees will be hired. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of seven ayes. BILLS - FIRST READING BILL NO. 46 -96 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 501 WEST COLFAX AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 47 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SIXTY -FIVE THOUSAND DOLLARS ($65,000) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND (FUND 210) This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on July 8, 1996, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 48 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $265,675.00 FROM THE GENERAL FUND TO FUND UST REMOVAL AND EXPANSION OF THE MUNICIPAL SERVICES BUILDING This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on July 8, 1996, seconded by Council Member Zakrzewski. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set this Bill No. 17 -96 for public hearing and third reading on July 8, 1996, and to refer it to the Zoning and Annexation Committee, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Ms. Linda Petill, 56121 Birch Road, Osceola, stated that she would like to publicly apologize to Council Member Hosinski for interrupting him. There being no further business to come before the Council, unfinished or new, Council President Kelly adjourned the meeting at 8:10 p.m. ATTEST: TEST: j,. s ty e3V I resident