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HomeMy WebLinkAbout09-12-88 Council Meeting MinutesREGULAR MEETING - -PTEMBER 12, 1988 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, September 12, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde Absent: None 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 August 22 and August 29 meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the August 22 and August 29, meetings of the Council be accepted and placed on file, 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 on September 12, at 7:05 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 38 -88 A BILL EXTENDING THE BOUNDARY OF THE TAX ABATEMENT IMPACT AREA WITHIN THE CITY OF SOUTH BEND. Council Member Luecke made a motion to continue this bill indefinitely, seconded by Council Member Coleman. The motion carried. BILL NO. 74 -88 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". Council Member Niezgodski made a motion to continue this bill until September 12, seconded by Council Member Coleman. The motion carried. BILL NO. 76 -88 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas made the presentation for the bill. He indicated the Zoning and Vacation Committee had recommended this bill to the Council favorably. He indicated this property is contiguous to the City, and the property owner is going to seek rezoning to "B" residential to allow for an apartment building. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 78 -88 A BILL DECREASING AN APPROPRIATION FOR PROJECT CS 821, IRELAND - IRONWOOD RETENTION POND, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, City Engineer, made the presentation for the bill. He indicated discussions on the design of the Ireland- Ironwood Retention Pond have allowed the projected project to decrease. He indicated these funds will remain in the Cumulative Sewer Building and Sinking Fund. Joseph Guentert, 3510 Corby, spoke in favor of this bill. Council Member Puzzello made a motion to recommend this bill to the Council favorably, seconded by Council Member Slavinskas. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Niezgodski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: i Chairman RM 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 7:19 p.m. Council President Voorde presiding and nine members present. BILLS, THIRD READING NO. 7915 -88 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7916 -88 AN ORDINANCE DECREASING AN APPROPRIATION FOR PROJECT CS 821, IRELAND- IRONWOOD RETENTION POND, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. 88 -24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 614 N. MICHIGAN ST., SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. Council Member Zakrzewski made a motion to continue this resolution indefinitely, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1640 -88 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 601 WEST BROADWAY STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR ALLIED PRODUCTS CORPORATION 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 West Broadway Street, South Bend, Indiana, and which is more particularly described as follows: Two parcels of land being parts of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: All of Lots Numbered Thirty -six (36) and Thirty -seven (37) in Samuel Stull`s Second Addition to the City of South Bend, Indiana; ALSO, that part of said quarter- section more particularly described as commencing at the Southeast corner of Tract No. 4 of the Studebaker Corp. Replat as recorded in Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence North 0 °14100" West (bearing assumed) along the East line of said Tract No. 4 a distance of 247.35 feet to the point of beginning for this description; thence South 89 °22140" West along the South line of Broadway Street projected westerly a distance of 618.58 feet to the Southeast corner of a tract of land described in a deed to Allied Products Corp. and recorded in Deed Record 649, pages 497 -503 in said Office of the Recorder; thence North 0 °01119" East along the East line of said tract a distance of 1165.66 feet; thence North 89 °55'34" West along the North line of said tract a distance of 279.27 feet to a Southeasterly corner of a tract of land described in a deed to Cummins Engine Company, Inc., and recorded in Deed Record 650, pages 173 -183 in said Office of the Recorder; thence North 0 °04126" East along an East line of said tract a distance of 145.04 feet to the Southwest corner of a parcel of land described in a deed to Indiana and Michigan Electric Company recorded in Deed Record 652, pages 427 -433 in said Office of the Recorder; thence South 89 °50126" East, along the South line of said parcel, a distance of 100.00 feet; thence North 0 °04126" East, along the East line of said parcel and an East line of a tract described in a deed to South Bend Lathe, Inc. recorded in Deed Record 659, pages 637 -640, a distance of 120.28 feet; thence South 89 °53'36" East along a South line of said tract a distance of 647.32 feet; thence South 12 °18150" East along a Westerly line of said tract a distance of 162.12 feet to a point; thence North 89 °55121" East along a South line of said tract a distance of 230.50 feet to the West line of Franklin Street; thence South 0 °21155" East along said West line of Franklin Street a distance of 374.67 feet to the South line of South Bend City Addition, as recorded in Plat Book 2, page 4 in said Office of the Recorder; thence South 0 °05120" East along the West line of Franklin Street a distance of 17.35 feet; thence South 88 °58'45" West a distance of 121.36 feet to the East line of said Tract No. 4; thence South 0 °14100" East along said East line a distance of 870.90 feet to the point of beginning. Parcel 1: A part of the N.E. 1/4 of Section 14, Twp. 37 N., R. 2 E., more particularly described as follows: GSJL&R MEETING — ___ E_ Q_ TEMBE 1 7 _ 1 98R _ Commencing at the intersection of the North Line of the Michigan Central Railroad Right -of -Way and the East Line of Kendall Street, said point being the Southwest corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in Plat Book 11, Page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 233.93 feet to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence No. 89 °22140" E. along said South line of Broadway Street projected West, a distance of 149.32 ft. to the Point of Beginning; thence continuing No. 89 °22'40" E. along said South line of Broadway Street projected west a distance of 505.85 ft. to a point; thence No. 00 °01119" E. a distance of 1165.66 ft. to a point; thence No. 89 °55'34" W. a distance of 506.27 ft. to a point; thence S. 00 °00100" E. a distance of 1171.80 ft. to the point of beginning. Parcel 2: (a) Easement for the purpose of vehicular and pedestrian ingress and egress to and from Parcel 1, described as follows: A part of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Commencing at the intersection of the North line of the Michigan Central Railroad Right -of -Way and the East line of Kendall Street, said point being the Southwest corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in Plat Book 11, Page 184, in the Office of the Recorder of St. Joseph County Indiana; thence North along the East line of Kendall Street a distance of 233.93 ft. to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence No. 89 °22140" E. along said South line of Broadway Street projected West a distance of 655.17 feet for a point of beginning; thence continuing N. 89 °22140" E. along said South line of Broadway Street projected West a distance of 736.86 ft. to the West line of Franklin Street; thence Northerly along the said West line of Franklin Street a distance of 74.25 ft. to its intersection with the North line of Broadway Street projected West; thence S. 89 °22140" W. along the said North line of Broadway Street projected West a distance of 736.82 ft. to a point; thence S. 00 °01119" W. a distance of 74.26 ft. to the point of beginning. (b) Easement for storm and sanitary sewer drainage purposes from Parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point 1,402.35 feet North and 149.69 feet East of the S.W. corner of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North Line of the Michigan Central Railroad right -of -way and the East line of Kendall Street; thence S. 00 °00100" E. a distance of 20.00 feet to a point; thence N. 89 °55134" W. a distance of 203.89 feet to a point; thence N. 00 °00100" E. a distance of 179.52 feet to a point; thence N. 8V30158" W. a distance of 298.17 feet to the Easterly line of Prairie Avenue, said line being also the Westerly line of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence N. 28 °14142" E. along said Easterly line of Prairie Avenue a distance of 22.40 feet to a point; thence S. 88 °30158" E. a distance of 307.59 feet to a point; thence S. 00 °00100" E. a distance of 179.03 feet to a point; thence S. 89 °55134" E. a distance of 183.86 feet to the point of beginning. Also a part of the N.E. 1/4 of Section 14, Twp. 37 N., R. 2 E., more particularly described as follows: Beginning at a point 298.27 feet North and 149.69 feet East of the S.W. corner of tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street; thence N. 00 °00100" E. a distance of 20.00 feet to a point; thence N. 89 °44151" W. a distance of 149.18 feet to the E. line of Kendall Street, said line being also the Westerly line of Tract No. 4 of the Studebaker Corporation Replat, as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence Southerly along the said E. line of Kendall Street a distance of 20.00 feet to a point; thence S. 89 °44151" E. a distance of 149.21 feet to the point of beginning. (c) Easement for use of railroad purposes to and from Parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Beginning at the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street, said point being the S.W. Corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in the Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence !�� `r s . North along the East line of Kendall Street ,a distance of 29.90 feet for a point of beginning; thence continuing North on the said East line of Kendall Street a distance of 25.00 feet; thence No. 89 °40'37" E. a distance of 41.80 feet to the point of curvature of a curve concave to the Northwest and having a central angel of 77 °11129" and a radius of 233.09 feet; thence Northeasterly along said curve an arc distance of 314.03 feet to the South line of Broadway Street projected West; thence N. 89 °22`40" E. along said South line a distance of 34.50 feet to its intersection with a curve concave to the Northwest and having a central angle of 20 °12158" and a radius of 360.95 feet; thence Southwesterly along said last described curve an arc distance of 127.36 feet to the point of compound curvature with a curve concave to the Northwest and having a central angle of 20 °12100" and a radius of 258.09 feet; thence Southwesterly along said last described curve an arc distance of 91.21 feet to its intersection with a curve concave to the Northwest and having a central angle of 9 °29'12" and a radius of 716.78 feet; thence Northeasterly along said last described curve an arc distance of 118.68 feet to the point of compound curvature with a curve concave to the Northwest and having a central angle of 35 °45148" and a radius of 270.30 feet; thence Northeasterly along said last described curve an arc distance of 168.72 feet to the aforesaid South line of Broadway Street projected West; thence N. 89 °22140" E. along said South line a distance of 27.40 feet to its intersection with a curve concave to the Northwest and having a central angle of 28 °36'51" and a radius of 295.30 feet; thence Southwesterly along said last described curve an arc distance of 147.48 feet to its intersection with a line having a bearing of N. 67 °22140" E.7 thence N. 67 °22140" E. along said line a distance of 183.62 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 10 °09121" and having a radius of 347.70 feet; Northwesterly along said last described curve an arc distance of 61.63 feet to the aforesaid South line of Broadway Street projected West; thence N. 89 °22140" E. along said South line a distance of 67.07 feet; thence S. 67 °22140" W. a distance of 294.02 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 27 °17157" and a radius of 658.57 feet; thence Southwesterly along said last described curve an arc distance of 313.92 feet to the point of tangency of said curve; thence S. 89 °40137" W. a distance of 53.02 feet to the point of beginning. All of the foregoing being situated in the City of South Bend, County of St. Joseph, State of Indiana. be designated as an Economic Revitalization Area under the provisions of Indiana code 6 -1.1- 12.1 -1 et se g.; and South Bend Municipal Code section 2 -76, et sue., 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 see., and South Bend Municipal Code section 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 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 I.C. 6 -1.1- 12.1 -1 et sec., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et sees., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A.That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B.That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C.That 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 redevelopment or rehabilitations; D.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; E.That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 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 the benefits identified in the Statement of Benefits set forth in 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. ,; . REGULAR_. MEETISLG_ SEPTEMBER-A-2_,— ].9.8.8_ _ _ I 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 six (6) 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, 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/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. Council Member Luecke indicated the Human Resources Committee recommended this bill to the Council favorably. He indicated allied planned to renovate this location to prolong the life and improve the appearance of the structure. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to combine public hearing on the next two resolutions, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1641 -88 A RESOLUTION OF THE COMMON COUNCIL OF BEND DESIGNATING CERTAIN AREAS WITHIN BEND, INDIANA, COMMONLY KNOWN AS 3620 AN ECONOMIC REVITALIZATION AREA FOR PI (10) YEAR REAL PROPERTY TAX ABATEMENT REFRIGERATION CORPORATION. THE CITY OF SOUTH THE CITY OF SOUTH WEST MCGILL COURT JRPOSES OF A TEN FOR BANGOR 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 3620 West McGill Court, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 38, Township 38, North, Range 2 East, of the City of South Bend, German Township, St. Joseph County, Indiana, and described as follows: Commencing at the Northeast corner of said Section 38; thence South 89 °48105" West along the North line of said Quarter Section, 1305.00 feet; thence South 00 °00123" West along the centerline of Kenmore Street, 363.70 feet; thence South 09 °59'37" East along said centerline 486.87 feet to the centerline intersection of Kenmore Street and McGill Street; thence South 8V00123" West along the centerline of McGill Street, 303.50 feet; thence North 89 °59'37" West along aid centerline, 270.66 feet to the point of beginning,thence South 00 °00'23" West, 401.41 feet; thence North 89 °59137" West, 523.23 feet to the point of beginning and containing 4.823 acres, more or less, and is subject to all easements, restrictions, and or limitations of record. be designated as an Economic Revitalization Area under the provisions of Indiana code 6 -1.1- 12.1 -1 et seq.; and South Bend Municipal Code section 2 -76, et seq., 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 sue., and South Bend Municipal Code section 2 -76, et sue., 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 I.C. 6 -1.1- 12.1 -1 et sec., and qualifies under 366 ur is�iL•7:: the provisions of South Bend Municipal Code Section 2 -76, et se q., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A.That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B.That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C.That 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 redevelopment or rehabilitations; D.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; E.That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 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 the benefits identified in the Statement of Benefits set forth in 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 six (6) 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, 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/ John Voorde Member of the Common Council RESOLUTION NO. 1641 -88 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 3620 WEST MCGILL COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BANGOR REFRIGERATION CORPORATION. WHEREAS, a petition for personal property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, requesting that the area commonly known as 601 West Broadway Street, South Bend, Indiana and which is more particularly described as follows: A part of the Northeast Quarter of Section 38, Township 38, North, Range 2 East, of the City of South Bend, German Township, St. Joseph County, Indiana, and described as follows: Commencing at the Northeast corner of said Section 38; thence South 89 °48105" West along the North line of said Quarter Section, 1305.00 feet; thence South 00 °00'23" West along the centerline of Kenmore Street, 363.70 feet; thence South 09 °59137" East along said centerline 486.87 feet to the centerline intersection of Kenmore Street and McGill Street; thence South 80 °00123" West along the centerline of McGill Street, 303.50 feet; thence North 89 °59`37" West along aid centerline, 270.66 feet to the point of beginning,thence South 00 °00123" West, 401.41 feet; thence North 89 °59137" West, 523.23 feet to the point of beginning and containing 4.823 acres, more or less, and is subject to all easements, restrictions, and or limitations of record. go REGULAR MEETING SEPTEMBER 12, 1988 be designated as an Economic Revitalization Area under the provisions of Indiana code 6 -1.1- 12.1 -1 et seq.; and South Bend Municipal Code section 2 -76, et sec., 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 seq., and South Bend Municipal Code section 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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 I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et sec., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: 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 seq., and South Bend Municipal Code section 2 -76, et sec., 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 I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That 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 redevelopment or rehabilitations; D. 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; E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3 and which can be reasonably expected to result from the installation of the new manufacturing equipment. SECTION III. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in sections I through II of the Petition for Personal 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 Section 6 -1.1- 12.1 -4.5 of the Indiana Code. 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 for purposes of personal property tax abatement and hereby makes such a designation. SECTION V. 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 VI. 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. a SECTION VII. 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, 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/ John Voorde Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Luecke indicated the Human Resources Committee recommended these resolutions to the Council favorably. Council Member Luecke made a motion to amend resolution no. 88 -61 by adding ten years in Section 6, seconded by Council Member Coleman. The motion carried. Fayez Ibrahim, President of Bangor Refrigeration Corporation, made the presentation for the resolution. He indicated they planned to build a facility in South Bend to manufacturer refrigeration units to display products for the food industry. He indicated the project will create sixty full -time jobs within the first year. Kevin Hughes, Project Future, indicated they have been working with this company to assist them in relocating to South Bend. Council Member Zakrzewski made a motion to adopt Resolution No. 1641 -88, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1642 -88, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1643 -88 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 108 N. MAIN STREET, SOUTH BEND, INDIANA, 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR J.M.S. BUILDING REHABILITATION. 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 108 North Main, South Bend, Indiana, and which is more particularly described as follows: A parcel of land bounded by the line drawn as follows: Commencing at the Southwest corner of Lot No. 19 in the Original Plat of the Town, now City of South Bend, extending thence North 111 feet 8 inches; thence East 70 feet; thence North 20 feet 4 inches to the North line of Lot No. 20 in the original plat of said town; thence East on the North line of said Lot No. 20, 55 feet; thence South 41 feet; thence West 62 feet 6 inches; thence South 91 feet to Washington Avenue being the South line of Said Lot No. 19; thence West 62 feet 6 inches; thence South 91 feet to Washington Avenue being the South line of said Lot No. 19; thence West 62 feet 6 inches to the place of beginning, including any excess shown by actual survey. Subject to an easement for light and air in that portion of the above described tract bounded by a line beginning at the point 132 feet North and 49 feet West of the Southeast corner of said Lot No. 19 in the original plat of the town, now City of South Bend; thence South 41 feet; thence East 9 feet; thence north 41 feet; thence West 9 feet to the place of beginning. Also an easement for a right of way from the alley East of the above described tract 16 feet wide by 40 feet long East and West, which right of way is bounded by a line commencing at a point 122 feet North of the Southeast corner of said Lot No. 19 in the original plat of the town, now City of South Bend; thence West 40 feet; thence South 16 feet; thence East 40 feet; thence South 16 feet; thence East 40 feet; thence North 16 feet to the place of beginning, being a tract of land 16 feet wide north and South and 40 feet long East and West adjoining and immediately South of the ten foot strip off the North part of said Lot No. 20 and conveyed to James Oliver and J. D. Oliver on April 10th, 1884. Said right of way including all the basement and the first story of any building erected over the property of the servient estate and which right of way is appurtenant to the premises first herein above described. Excepting therefrom the following described tract: A part of Lots Numbered 19 and City of South Bend, which part Beginning at a point 122 feet 19 in the original plat of the 26 feet; thence South 16 feet; place of beginning. 20 as shown on the original plat of the town, now is bounded by a line running as follows, viz: North of the Southeast corner of said Lot Numbered Town, now City of South Bend, thence running West thence East 26 feet, thence North 16 feet to the be designated as an Economic Revitalization Area under the provisions of Indiana code 6 -1.1- 12.1 -1 et seq.; and South Bend Municipal Code section 2 -76, et sec., and; m REGULAR MEETING --SE 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 seq., and South Bend Municipal Code section 2 -76, et sec., 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 I.C. 6 -1.1- 12.1 -1 et se q., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A.That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B.That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C.That 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 redevelopment or rehabilitations; D.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; E.That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 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 the benefits identified in the Statement of Benefits set forth in 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 six (6) 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, 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/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee recommended this bill to the Council favorably. Council Member Luecke made a motion to amend this bill in the title and in Section 6 by changing the years from ten to six, seconded by Council Member Coleman. The motion carried. Kevin Butler, attorney, made the presentation for the resolution. He indicated the building owners planned to renovate the annex of the building and rent it to Legal Services of Indiana. He indicated this abatement would allow Legal Services to rent this annex at a lower cost. Council Member Zakrzewski made a motion to adopt this resolution, as amended, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. INS w: WAM i Council Member Puzzello made a motion to combine public hearing on the next two resolutions, seconded by Council Member Luecke. The motion carried. RESOLUTION NO. 1644 -88 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 3400 OLD CLEVELAND ROAD, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR DISCOUNT MUFFLER & TIRE WHOLESALE, 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 3400 Old Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: PARCEL I A part of the Northeast Quarter (1/4) of Section Twenty -eight (38), Township Thirty -eight (38) North, Range Two (2) East, City of South Bend, St. Joseph County, Indiana, and described as follows: commencing at the Northeast corner of said Section 38; thence South 89 48'05" West (bearing assumed) along the North line of said Section 28, (also being the centerline of Cleveland Road), 660.00 to a P.K. nail set; thence South 00 00123" West, 40.00 feet to the South of the right of way of Cleveland Road and the point of beginning; thence continuing South 00 00123" West, 240.00 feet; thence South 89 48'05" West, 306.00 feet; thence North 00 00123" East, 240.00 feet; thence North 89 48'05" East, 306.00 feet to the point of beginning,and being known as Lot Numbered Five -Six (5 -6) on the Proposed Plat of Airport Industrial Park, Phase IV. Subject to legal highways. PARCEL II A tract of land in part of the Northeast Quarter (1/4) of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two (2) East, City of South Bend, St. Joseph County, Indiana described as follows: Commencing at the Northeast corner of Section 28; thence South 89 48'05" West a distance of 660.00 feet along the North line of said Section; thence South 0 00'23" West a distance of 210.00 feet to the Northeast corner of Lot 5 -4 of Phase IV of the Airport Industrial Park; thence South 89 48105" West a distance of 306.00 feet along the North line of said lot; thence North 0 00-23" East a distance of 210.00 feet; thence North 89 48105" East a distance of 306.00 feet to the place of beginning, and being known as Lot Numbered Five -Five (5 -5) on the Proposed Plat of Airport Industrial Park, Phase IV. The bearing of the South line of the Southeast Quarter (1/4) of Section 28 is assumed North 90 degrees 00 minutes 00 seconds West. Subject to legal highways. be designated as an Economic Revitalization Area under the provisions of Indiana code 6 -1.1- 12.1 -1 et seq.; and South Bend Municipal Code section 2 -76, et se q., 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 se q., and South Bend Municipal Code section 2 -76, et see., 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 I.C. 6 -1.1- 12.1 -1 et see., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et sec., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A.That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B.That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C.That 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 redevelopment or rehabilitations; REGULAR MEETING 4F,�TF.MR�R_1? q$g D.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; E.That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 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 the benefits identified in the Statement of Benefits set forth in 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. 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, 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/ John Voorde Member of the Common Council RESOLUTION NO. 1645 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3400 OLD CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR DISCOUNT MUFFLER & TIRE WHOLESALE, INC. WHEREAS, a petition for personal property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, requesting that the area commonly known as 601 West Broadway Street, South Bend, Indiana and which is more particularly described as follows: JAS L* A part of the Northeast Quarter (1/4) of Section Twenty -eight (38), Township Thirty -eight (38) North, Range Two (2) East, City of South Bend, St. Joseph County, Indiana, and described as follows: commencing at the Northeast corner of said Section 38; thence South 89 48'05" West (bearing assumed) along the North line of said Section 28, (also being the centerline of Cleveland Road), 660.00 to a P.K. nail set; thence South 00 00'23" West, 40.00 feet to the South of the right of way of Cleveland Road and the point of beginning; thence continuing South 00 00'23" West, 240.00 feet; thence South 89 48'05" West, 306.00 feet; thence North 00 00123" East, 240.00 feet; thence North 89 48'05" East, 306.00 feet to the point of beginning,and being known as Lot Numbered Five -Six (5 -6) on the Proposed Plat of Airport Industrial Park, Phase IV. Subject to legal highways. PARCEL II A tract of land in part of the Northeast Quarter (1/4) of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two (2) East, City of South Bend, St. Joseph County, Indiana described as follows: Commencing at the Northeast corner of Section 28; thence South 89 48105" West a distance of 660.00 feet along the North line of said Section; thence South 0 00'23" West a distance of 210.00 feet to the Northeast corner of Lot 5 -4 of Phase IV of the Airport Industrial Park; thence South 89 48'05" West a distance of 306.00 feet along the North line of said lot; thence North 0 00-2311 East a distance of 210.00 feet; thence North 89 48'05" East a distance of 306.00 feet to the place of beginning, and being known as Lot Numbered Five -Five (5 -5) on the Proposed Plat of Airport Industrial Park, Phase IV. The bearing of the South line of the Southeast Quarter (1/4) of Section 28 is assumed North 90 degrees 00 minutes 00 seconds West. 7 REGULAR MEETING SEPTEMBER 12. 1988 _ Subject to legal highways. be designated as an Economic Revitalization Area under the provisions of Indiana code 6 -1.1- 12.1 -1 et seq.; and South Bend Municipal Code section 2 -76, et see., 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 sec., and South Bend Municipal Code section 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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 I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seg., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: 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 seq., and South Bend Municipal Code section 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 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 I.C. 6 -1.1- 12.1 -1 et sq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That 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 redevelopment or rehabilitations; D. 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; E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3 and which can be reasonably expected to result from the installation of the new manufacturing equipment. SECTION III. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in sections I through II of the Petition for Personal 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 Section 6 -1.1- 12.1 -4.5 of the Indiana Code. 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 for purposes of personal property tax abatement and hereby makes such a designation. SECTION V. 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-ME SEPTEMBER-L2, 1988 SECTION VI. 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 VII. 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, 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/ John Voorde Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Luecke made a motion to amend Resolution No. 1644 -88 in the title and Section 6, to three years, seconded by Council Member Coleman. The motion carried. Malcolm Tuesley, attorney, made the presentations for the resolutions. He indicated Discount Muffler planned to construct a new building for light manufacturing, storage and office space, in order to improve their shipping and receiving business, as well as consolidate operations under one roof. He indicated three new jobs will be created, as well as maintaining 14 existing jobs. Council Member Zakrzewski made a motion to adopt Resolution No. 1644 -88, as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes and one abstention (Council Member Niezgodski.) Council Member Coleman made a motion to adopt Resolution No. 1645 -88, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of eight ayes and one abstention (Council Member Niezgodski.) RESOLUTION NO. 1646 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 601 WEST BROADWAY STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ALLIED PRODUCTS CORPORATION. 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 601 West Broadway and which is more particularly described as follows: Two parcels of land being parts of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: All of Lots Numbered Thirty -six (36) and Thirty -seven (37) in Samuel Stull's Second Addition to the City of South Bend, Indiana; ALSO, that part of said quarter- section more particularly described as commencing at the Southeast corner of Tract No. 4 of the Studebaker Corp. Replat as recorded in Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence North 0 °14100" West (bearing assumed) along the East line of said Tract No. 4 a distance of 247.35 feet to the point of beginning for this description; thence South 89 °22140" West along the South line of Broadway Street projected westerly a distance of 618.58 feet to the Southeast corner of a tract of land described in a deed to Allied Products Corp. and recorded in Deed Record 649, pages 497 -503 in said Office of the Recorder; thence North 0 °0111911 East along the East line of said tract a distance of 1165.66 feet; thence North 89 °55134" West along the North line of said tract a distance of 279.27 feet to a Southeasterly corner of a tract of land described in a deed to Cummins Engine Company, Inc., and recorded in Deed Record 650, pages 173 -183 in said office of the Recorder; thence North 0 °04126" East along an East line of said tract a distance of 145.04 feet to the Southwest corner of a parcel of land described in a deed to Indiana and Michigan Electric Company recorded in Deed Record 652, pages 427 -433 in said Office of the Recorder; thence South 89 °50126" East, along the South line of said parcel, a distance of 100.00 feet; thence North 0 °04126" East, along the East line of said parcel and an East line of a tract described in a deed to South Bend Lathe, Inc. recorded in Deed Record 659, pages 637 -640, a distance of 120.28 feet; thence South 89 °53136" East along a South line of said tract a distance of 647.32 feet; thence South 12 °18150" East along a Westerly line of said tract a distance of 162.12 feet to a point; thence North 89 °55121" East along a South line of said tract a distance of 230.50 feet to the West line of Franklin Street; thence South 0 °21155" East along said West line of Franklin Street a distance of 374.67 feet to the South line of South Bend City Addition, as recorded in Plat Book 2, page 4 in said Office of the Recorder; thence South 0 °05120" East along the West line of Franklin Street a distance of 17.35 feet; thence South 88 °58'45" West a distance of 121.36 feet to the East line of said Tract No. 4; thence South 0 °14100" East along said East line a distance of 870.90 feet to the point of beginning. Parcel 1: A part of the N.E. 1/4 of Section 14, Twp. 37 N., R. 2 E., more particularly described as follows: M 1EETING_ _ SEPTRMBBFR 1988 Commencing at the intersection of the North Line of the Michigan Central Railroad Right -of -Way and the East Line of Kendall Street, said point being the Southwest corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in Plat Book 11, Page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 233.93 feet to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence No. 89 °22'40" E. along said South line of Broadway Street projected West, a distance of 149.32 ft. to the Point of Beginning; thence continuing No. 89 °22'40" E. along said South line of Broadway Street projected west a distance of 505.85 ft. to a point; thence No. 00 °01119" E. a distance of 1165.66 ft. to a point; thence No. 89 °55'34" W. a distance of 506.27 ft. to a point; thence S. 00 °00100" E. a distance of 1171.80 ft. to the point of beginning. Parcel 2: (a) Easement for the purpose of vehicular and pedestrian ingress and egress to and from Parcel 1, described as follows: A part of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Commencing at the intersection of the North line of the Michigan Central Railroad Right -of -Way and the East line of Kendall Street, said point being the Southwest corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in Plat Book 11, Page 184, in the Office of the Recorder of St. Joseph County Indiana; thence North along the East line of Kendall Street a distance of 233.93 ft. to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence No. 89 °22'40" E. along said South line of Broadway Street projected West a distance of 655.17 feet for a point of beginning; thence continuing N. 89 °22140" E. along said South line of Broadway Street projected West a distance of 736.86 ft. to the West line of Franklin Street; thence Northerly along the said West line of Franklin Street a distance of 74.25 ft. to its intersection with the North line of Broadway Street projected West; thence S. 89 °22140" W. along the said North line of Broadway Street projected West a distance of 736.82 ft. to a point; thence S. 00 °01119" W. a distance of 74.26 ft. to the point of beginning. (b) Easement for storm and sanitary sewer drainage purposes from Parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point 1,402.35 feet North and 149.69 feet East of the S.W. corner of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North Line of the Michigan Central Railroad right -of -way and the East line of Kendall Street; thence S. 00 °00100" E. a distance of 20.00 feet to a point; thence N. 89 °55134" W. a distance of 203.89 feet to a point; thence N. 00 °00100" E. a distance of 179.52 feet to a point; thence N. 88 °30158" W. a distance of 298.17 feet to the Easterly line of Prairie Avenue, said line being also the Westerly line of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence N. 28 °14142" E. along said Easterly line of Prairie Avenue a distance of 22.40 feet to a point; thence S. 88 °30158" E. a distance of 307.59 feet to a point; thence S. 00 °00100" E. a distance of 179.03 feet to a point; thence S. 89 °55134" E. a distance of 183.86 feet to the point of beginning. Also a part of the N.E. 1/4 of Section 14, Twp. 37 N., R. 2 E., more particularly described as follows: Beginning at a point 298.27 feet North and 149.69 feet East of the S.W. corner of tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street; thence N. 00 °00100" E. a distance of 20.00 feet to a point; thence N. 89 °44151" W. a distance of 149.18 feet to the E. line of Kendall Street, said line being also the Westerly line of Tract No. 4 of the Studebaker Corporation Replat, as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence Southerly along the said E. line of Kendall Street a distance of 20.00 feet to a point; thence S. 89 °44151" E. a distance of 149.21 feet to the point of beginning. (c) Easement for use of railroad purposes to and from Parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Beginning at the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street, said point being the S.W. Corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in the Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence 375 E- GUL�I3�MEETING gRPTFMB l ?.- 19R8 North along the East line of Kendall Street a distance of 29.90 feet for a point of beginning; thence continuing North on the said East line of Kendall Street a distance of 25.00 feet; thence No. 89 °40137" E. a distance of 41.80 feet to the point of curvature of a curve concave to the Northwest and having a central angel of 77 °11129" and a radius of 233.09 feet; thence Northeasterly along said curve an arc distance of 314.03 feet to the South line of Broadway Street projected West; thence N. 89 °22140" E. along said South line a distance of 34.50 feet to its intersection with a curve concave to the Northwest and having a central angle of 20 °12'58" and a radius of 360.95 feet; thence Southwesterly along said last described curve an arc distance of 127.36 feet to the point of compound curvature with a curve concave to the Northwest and having a central angle of 20 °12100" and a radius of 258.09 feet; thence Southwesterly along said last described curve an arc distance of 91.21 feet to its intersection with a curve concave to the Northwest and having a central angle of 9 °29112" and a radius of 716.78 feet; thence Northeasterly along said last described curve an arc distance of 118.68 feet to the point of compound curvature with a curve concave to the Northwest and having a central angle of 35 °45148" and a radius of 270.30 feet; thence Northeasterly along said last described curve an arc distance of 168.72 feet to the aforesaid South line of Broadway Street projected West; thence N. 89 °22140" E. along said South line a distance of 27.40 feet to its intersection with a curve concave to the Northwest and having a central angle of 28 °36'51" and a radius of 295.30 feet; thence Southwesterly along said last described curve an arc distance of 147.48 feet to its intersection with a line having a bearing of N. 67 °22140" E.; thence N. 67 °22140" E. along said line a distance of 183.62 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 10 °09121" and having a radius of 347.70 feet; Northwesterly along said last described curve an arc distance of 61.63 feet to the aforesaid South line of Broadway Street projected West; thence N. 89°2214011 E. along said South line a distance of 67.07 feet; thence S. 67 °22140" W. a distance of 294.02 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 27 °17157" and a radius of 658.57 feet; thence Southwesterly along said last described curve an arc distance of 313.92 feet to the point of tangency of said curve; thence S. 89 °40137" W. a distance of 53.02 feet to the point of beginning. All of the foregoing being situated in the City of South Bend, County of St. Joseph, State of Indiana. 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 has held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council 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 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 the 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 personal deduction for a period of five (5) years. I 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/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentations for the resolutions. He indicated Allied Stamping Division plans to renovate the exterior and interior of their building, as well as expand the office. He indicated that additionally, they plan to upgrade the equipment. He indicated they are facing mounting competition. He indicated the purpose of this project is to obtain certification as a preferred supplier to the Big 3 auto makers by improving capacity and quality. He indicated such certification will assure continued operations in South Bend. He indicated this project will save approximately 400 existing jobs. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING ORDINANCE NO. 7917 -88 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, REGARDING $11,000,000 CITY OF SOUTH BEND, INDIANA MULTIFAMILY HOUSING REVENUE BONDS (RAINTREE POINT ASSOCIATES, LTD. PROJECT) WE This bill had first reading. Council Member Luecke made a motion to suspend the rules and have second reading, public hearing and third reading on this bill, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Puzzello. The motion carried. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated in 1985 the City approved an $11,000,000 bond issue for this multi family housing project in the East Bank Development area. He indicated that in 1988 Can American took over the project and they are now requesting this an extension of time, in order for them to finalize permanent financing. Lynn Webber, a representative of Can American, indicated they were requesting the extension to allow for time to proceed with the mechanics of the financing. F. J. Nimtz, president of the Redevelopment Commission, indicated they supported the passage of this ordinance. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. BILL NO. 80 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOTS 32 & 33 WOODED ESTATES IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. BILL NO. 81 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3615 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski The motion carried. BILL NO. 82 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, BY THE INCLUSION OF NEW SECTION 2 -169 ENTITLED NON - REVERTING MAINTENANCE FUND. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing September 26, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 Corby, spoke regarding the tax rate being set without knowing the tax valuation of the City. Bobby Newbill, 1306 W. Washington, spoke regarding rescinding the demolition of 1237. He indicated this property was not a health hazard until Jim Cronk purchased the property. Kevin Hughes, Project Future, indicated the Redevelopment Department is committed to the future of the City Jim Cronk, 1235 1/2 W. Washington, spoke regarding the demolition of his building. Ralph Johnson, 734 N. Cushing, spoke regarding an order for Code Enforcement to trim his bushes. He asked about hauling the limbs away. Barry Hazel, 4821 Craig Road, spoke regarding the increase in sewer rates when citizens water their grass. There being no further business to come before the Council, unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 8:30 p.m. ATTEST: City Clerk APPROVED: PT,e ent