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HomeMy WebLinkAbout12-10-01 Council Meeting MinutesREGULAR MEETING DECEMBER 10, 2001 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, December 10, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Ujdak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1St District Vice - President 2nd District President 3rd District 41 District 5th District 61 District Chairperson, Committee of the Whole At -Large At -Large At -Large 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 November 26, 2001 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the November 26, 2001 meeting of the Council be accepted and placed on file. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS REAPPOINTMENTS - REDEVELOPMENT COMMISSION AND HUMAN RIGHTS COMMISSION Council President Pfeifer announced the reappointment of Ms. Marcia Jones to the Redevelopment Commission and Ms. Glenda Rae Hernandez to the Human Rights Commission. ANNOUNCEMENT OF DECEMBER MEETING DATE Council President Pfeifer announced that this is the last meeting of the Common Council for 2001. Barring any unforseen issues there will not be a second meeting in the month of December. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. -1- REGULAR MEETING DECEMBER 10, 2001 BILL NO. 100 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR THE SCHEDULING OF LICENSE RENEWALS AND FOR THE LICENSING OF RUBBISH AND GARBAGE REMOVAL VEHICLES Councilmember Coleman made a motion to consider the substitute version of this bill as on file with the City Clerk. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Ann Carol Nash, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Nash advised that this bill staggers license expiration dates for a variety of different types of licenses to better serve customers and provide a better turn around time. The bulk of the substitute bill addresses the difficulty that the City has had in enforcing the licensing ofrubbish and garbage removal vehicles and to avoid illegal dumping that has been occurring. She noted that there are updated provisions for the display of identifying information on trucks that are being used to haul trash and garbage. There are also provisions for the Division of Equipment Services to do the inspection of each vehicle, for the listing of customers and for tipping receipts upon request so that the City can verify that a trash hauler is actually licensed. Councilmember Varner inquired if the inspection done by the City is included in the license fee or if there is a separate fee. Ms. Nash advised that there is an inspection fee which was provided for at the request of the Division of Equipment Services and the Solid Waste Department. She noted that the City has had problems for many years with vehicles having to be reinspected numerous times in order to receive a license. It was thought that the City should recover the cost of doing an inspection and that charging an inspection fee would provide additional incentive to individuals to make sure their vehicle would be able to pass the inspection the first time. Councilmember Varner asked if the inspection fee was provided for in the ordinance. Ms. Nash stated that it is in the ordinance. Council Attorney Kathleen Cekanski - Farrand pointed out that it can be found on page four (4) paragraph (e)(2) of the substitute bill. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 119 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2001 -2- n 1 1 REGULAR MEETING DECEMBER 10, 2001 BILL NO. 120 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2001 Councilmember Coleman made a motion to combine Bill Nos. 119 -01 and 120 -01 for purposes of Public Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman made a motion to consider the substitute version of Bill No. 119 -01 as submitted. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Aranowski reported that the Personnel & Finance Committee met on these bills and sends them to the Council with a favorable recommendation. Mr. Rick 011ett, City Controller, 1400 County -City Building, South Bend, Indiana, made the presentation for these bills. Mr. 011ett advised that these bills provide for the transfer and appropriation of funds to allow the City to cover any deficits in all major categories. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to these bills, Councilmember Coleman made a motion for favorable recommendation to full Council concerning Bill No. 119 -01 as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning Bill No. 120 -01. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 113 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DISSOLVING THE WATER WORKS BOARD OF DIRECTORS AND TRANSFERRING SUCH BOARD'S AUTHORITY TO THE BOARD OF PUBLIC WORKS Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works and President of the Board of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot stated that the goal of this ordinance in dissolving the Water Board of Trustees and transferring that authority to the Board of Public Works is to streamline policies and procedures. He noted that the Council had previously indicated that citizen advisory members would be a good idea and the Mayor has taken that suggestion under advisement and will appoint two (2) informal citizen advisors to help the Board of Public Works address issues. A second suggestion from the Council was to make sure that evening meetings are made available for working people to attend -3- REGULAR MEETING DECEMBER 10, 2001 when there are issues of interest to neighborhoods or various constituencies. They have agreed that such topics such as rate cases or major new facility siting or Master Plan updates or any other issues that the Council receives questions or concerns on would be topics that would warrant those types of outreach meetings in the evening. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember King made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayesA I ATTEST: Loretta d , City lerk ew U omm.ee 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 7:10 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. ORDINANCE NO. 9294 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR THE SCHEDULING OF LICENSE RENEWALS AND FOR THE LICENSING OF RUBBISH AND GARBAGE REMOVAL VEHICLES This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9295 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2001 In C 1 REGULAR MEETING DECEMBER 10, 2001 This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9296 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2001 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9297 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DISSOLVING THE WATER WORKS BOARD OF DIRECTORS AND TRANSFERRING SUCH BOARD'S AUTHORITY TO THE BOARD OF PUBLIC WORKS This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3052 -01 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 4701 NIMTZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4701 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter (SEl /4) of Section 20 and part of the Southwest Quarter (SW1 /4) of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: -5- REGULAR MEETING DECEMBER 10, 2001 Lots numbered ten (10) and eleven (11) as shown on the recorded plat of H.G. Baus Centre -Phase One, recorded March 16, 1995 as document Number 9507104 in the Office of the Recorder of St. Joseph County, Indiana and this property has Key Number 25 -500- 23829, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. seg., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. rig REGULAR MEETING DECEMBER 10, 2001 SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Stanley Blenke, Executive Vice - President, Schafer Gear Works, Inc., 4701 Nimtz Parkway, South Bend, Indiana, made the presentation for this Resolution. Mr. Blenke advised that this project involves the purchase of approximately $4.1 million dollars of new machinery and equipment for new customer business and will create approximately fourteen (14) jobs. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3053 -01 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 400 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AQM PRODUCTS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 400 W. Sample Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land beginning in the Southeast (SE) corner of Sample Street and Vacated Prairie Avenue, containing 14.846 acres ( + -), known as Tract 4, Section 14- 37 -2E. -7- REGULAR MEETING DECEMBER 10, 2001 and this property has Key Number 18 -8021 - 084906, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seg., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et se g., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. seg., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. in REGULAR MEETING DECEMBER 10, 2001 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Jeff McGowan, CPA, Kruggel, Lawton & Company, 210 South Michigan Street, South Bend, Indiana, Suite 200, South Bend, Indiana, made the presentation for this Resolution. Mr. McGowan advised that they seek favorable approval for approximately five hundred thousand dollars ($500,000.00) of personal property acquisitions with job creation in excess of ten (10). He further advised that it is felt that this used machinery purchase does qualify under the Indiana Code since that the personal property acquired here by its owners for exempt use, that of manufacturing, has never before been used by this owner in Indiana. Mr. Ty Putrich, Trustee of the owners, AQM Products, 400 West Sample, South Bend, Indiana, stated that he is the President of the organization. He asked that the Council continue to support this company so that they may continue to grow and bring manufacturing jobs back into the City of South Bend. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3054 -01 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 1922 HUEY STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JAMES AND LESLEY TURNER WHEREAS, a Statement ofBenefits and apetition forresidential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1922 Huey Street, South Bend, Indiana, and which is more particularly described as follows: 21 REGULAR MEETING DECEMBER 10, 2001 Lot numbered Eighty -Six (86) in Jackson's Proposed Subdivision in the City of South Bend. and this property has Key Number 18- 2113 -4146, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et se g., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea•, for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or -10- REGULAR MEETING DECEMBER 10, 2001 G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council -11- REGULAR MEETING DECEMBER 10, 2001 Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mrs. Lesley Turner, 1323 Miami Street, South Bend, Indiana, made the presentation for this Resolution. Mrs. Turner advised that she and her husband are purchasing a one thousand seven hundred sixty (1,760) square foot manufactured home to be placed at 1922 Huey Street. The manufactured house is a single story ranch style and has ten (10) rooms, including bathrooms. An attached two (2) stall garage will also be constructed at the site. The house comes complete with stove, refrigerator, dishwasher, central air conditioning and fireplace. The total cost of the manufactured house is approximately one hundred thousand dollars ($100,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 01 -98 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 1610 CAMPEAU STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BETTY J. STEED Councilmember Kelly made a motion to withdraw this Resolution from consideration at the request of the Petitioner. Council President Pfeifer seconded the motion which carried and the Resolution was stricken from the agenda by a voice vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 121 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 224 WEST COLFAX, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on January 14, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 122 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 333 TONTI, IN THE CITY OF SOUTH BEND, INDIANA -12- REGULAR MEETING DECEMBER 10, 2001 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on January 14, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 123 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 1313 LISTON, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on January 14, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT President Pfeifer wished everyone a safe and warm holiday season and asked everyone to please remember the people who are less fortunate and to remember that there are people right in our own community that need our support. There being no further business to come before the Council, President Pfeifer adj ourned the meeting at 7:23 p.m. ATTEST: ATTEST: Loretta J. D , City lerk -13- Charlotte Pfeifer, Presid t