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HomeMy WebLinkAbout10-22-01 Council Meeting MinutesREGULAR MEETING OCTOBER 22, 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, October 22, 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 Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1" District Vice - President 2nd District President 3 District 4th District 5' District 6' 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 October 8, 2001 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the October 8, 2001 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 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. BILL NO. 94 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF SOUTH BEND AVENUE FROM THE EAST RIGHT OF WAY OF NOTRE DAME AVENUE TO 20 FEET WEST OF THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 140.35 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA -1- REGULAR MEETING OCTOBER 22, 2001 Councilmember Coleman made a motion to continue this bill until the November 12, 2001 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 96 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF SAMPLE STREET TO THE SOUTH RIGHT OF WAY LINE OF TUTT STREET FOR A DISTANCE OF 278 FEET MORE OR LESS AND A WIDTH OF 14 FEET. BEING A PART OF THE GARST 1sT ADDITION TO THE CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. He also noted that the Board of Public Works has also submitted a favorable recommendation concerning- this vacation. Ms. Diane M. Ernsberger, 822 South Lafayette Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Ernsberger stated that she has asked that this alley be vacated because of the problem of traffic and for the pedestrians in the area. 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 was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Coleman stated that Ms. Ernsberger's establishment has been in business for a number of years and seems to do well at this location. He further stated that if this vacation will assist her, he would be happy to make a motion that this bill go favorably to full Council. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 93 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO AMEND CERTAIN PROVISIONS OF THE EXISTING PROPERTY MAINTENANCE CODE AND TO PROVIDE FOR DIRECTION FROM THE BOARD OF PUBLIC WORKS Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Varner advised that the Board of Public Works has also spoken in favor of this vacation. Ms. Ann Carol Nash, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Nash stated that this bill designates the Board of Public Works as the body which would establish performance bonds and processing expenses with respect to work performed under the Unsafe Building Act. It also enhances the provisions for privacy concerns that are in residential dwellings. She noted that they have had an opportunity to discuss this matter with the Board of -2- REGULAR MEETING OCTOBER 22, 2001 Public Works and they are comfortable with taking on this role. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 99 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE TO SPECIFICALLY DESIGNATE THE PENALTY FOR VIOLATIONS OF SECTION 20 -67 AND TO CLARIFY SECTION 20 -67(b) 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 on behalf of Deputy City Attorney Robert Rosenfeld. Ms. Nash stated that this bill places within Section 20 -67 of the South Bend Municipal Code the - amount of the fine for certain parking violations that appear in another section of the Code. She noted that this amendment is being made at the suggestion of the City Clerk's office. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 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 Per the request of the Petitioner, Councilmember Coleman made a motion to continue this bill until the November 26, 2001 meeting of the Council. Councilmember Varner seconded the motion which carried by the voice vote of nine (9) ayes. BILL NO. 98 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ORDINANCE NO. 9258 -01 TO APPROPRIATE AN ADDITIONAL $3,736.09 FROM HALL OF FAME OPERATIONS FUND ( #677) AND AN ADDITIONAL -3- REGULAR MEETING OCTOBER 22, 2001 $122,802 FROM COLLEGE FOOTBALL HALL OF FAME FUND ( #377) TO SATISFY THE CITY'S OBLIGATION TO THE NATIONAL FOOTBALL FOUNDATION Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill and sends it to the Council with a favorable recommendation. Mayor Stephen Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that this bill makes a technical correction to a bill which the Council previously passed. He further stated that it was thought that a bill with the corrected numbers was submitted but apparently it was lost. The bill that the Council actually passed did not have the numbers in it that were discussed during the presentation. The bill submitted today contains the correct numbers and reflects the numbers that were discussed. Mayor Luecke stated that this bill involves a transfer of dollars from a cash reserve fund for an operating balance for the Hall of Fame as well as appropriating the dollars that they expect to be receiving from the Professional Sports Development Fund as well as the Hotel Motel tax this year that are going to the National Football Foundation for operations of the Hall of Fame. 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. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 95 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $24,800.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Dennis J. Andres, Executive Director, The Morris Performing Arts Center, 211 North Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that this bill is for funds to purchase equipment needed to better serve their patrons and to improve their customer service. It includes computers, software and floor maintenance equipment. 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. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. in 1 1 1 REGULAR MEETING OCTOBER 22, 2001 BILL NO. 97 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING ORDINANCE NO. 9241 -01 ADDRESSING TICKET SALE REGULATIONS Councilmember Varner stated that due to the fact that in the cmmittee meeting this afternoon it was indicated that there is not shared concern with regard to the concerns that he has regarding either police powers or the administration thereof and the means of adoption of this particular regulation, he would ask that the bill be withdrawn at this time and stricken from the agenda. Therefore, Councilmember Coleman made a motion to strike this bill from further consideration. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: :Lorett uda, ity erk An ew Uj dak, C Committee of the REGULAR MEETING RECONVENED 4 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 7:15 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9274 -01 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF SAMPLE STREET TO THE SOUTH RIGHT OF WAY LINE OF TUTT STREET FOR A DISTANCE OF 278 FEET MORE OR LESS AND A WIDTH OF 14 FEET. BEING A PART OF THE GARST 1ST ADDITION TO THE CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9275 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO AMEND CERTAIN PROVISIONS OF THE EXISTING PROPERTY MAINTENANCE CODE AND TO PROVIDE FOR DIRECTION FROM THE BOARD OF PUBLIC WORKS -5- REGULAR MEETING OCTOBER 22, 2001 This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9276 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE TO SPECIFICALLY DESIGNATE THE PENALTY FOR VIOLATIONS OF SECTION 20 -67 AND TO CLARIFY SECTION 20 -67(b) This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9277 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ORDINANCE NO. 9258 -01 TO APPROPRIATE AN ADDITIONAL $3,736.09 FROM HALL OF FAME OPERATIONS FUND ( #677) AND AN ADDITIONAL $122,802 FROM COLLEGE FOOTBALL HALL OF FAME FUND ( #377) TO SATISFY THE CITY'S OBLIGATION TO THE NATIONAL FOOTBALL FOUNDATION This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9278 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $24,800.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 3041 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 918 SOUTH MICHIGAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR CHARLES, JR. AND TRACIE, AND CHARLES, SR. AND FAYE FULMER (D.B.A. MIAMI AUTO GLASS 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 W 1 n L REGULAR MEETING OCTOBER 22, 2001 WHEREAS, a Declaratory Resolution designated the area commonly known as 918 South Michigan Street, South Bend, Indiana, and which is more particularly described as follows: Northeast Quarter of Section 13, Township 37 North, Range 2 East, Baker's 1" Addition and which has Key Numbers 18- 7001 -0022 and 18- 7001 -0023, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Charles Fulmer, Jr., 1430 Mishawaka Avenue, South Bend, Indiana, made the presentation for this Resolution. Mr. Fulmer noted that Miami Auto Glass is a family owned business. The business provides full line glass replacement primarily for automobiles and serves the general public, insurance companies, auto dealerships and body shops. The company is presently located at 1430 Mishawaka Avenue. Miami Auto Glass has entered into an agreement to purchase a vacant lot at the corner of Michigan and Ohio Streets to relocate their business. Their plans call for the construction of a new twenty four hundred (2,400) square foot facility which will provide them with more working room, storage space and parking. The total cost of the project is estimated at one hundred fifty thousand dollars ($150,000.00). 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 King 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. -7- REGULAR MEETING OCTOBER 22, 2001 RESOLUTION NO. 3042 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2631 WEST JEFFERSON BOULEVARD RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CHICAGO BUILDING SERVICES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2631 West Jefferson Boulevard, South Bend, Indiana, and which are more particularly described as follows: Lot 771 & E %2 Vac Alley W & S %2 Vac Alley N & Adj Summit P131 Add and which has tax Key Number 18- 4032 -1146 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form 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 REGULAR MEETING OCTOBER 22, 2001 occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for prof ects 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se q. SECTION VI. 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 Mr. Melvin Reed, 131 South Taylor Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Reed stated that this tax abatement is for an affordable house comprised of twelve hundred (1,200) square feet. The house will be one (1) story with three (3) bedrooms, two (2) baths, dining room, front entrance, single stall garage and a full basement. A Public Hearing was held on the Resolution at this time. in REGULAR MEETING OCTOBER 22, 2001 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White 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. 3043 -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 208,212 AND 216 SOUTH 35TH STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR EDWARD C. LEVY, AND EDWARD AND LAURA SMITH WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 208, 212 and 216 South 35t' Street, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 208 S. 35t' Street Lot 100 Belmont Addition 18 -5063 -2218 212 S. 35t' Street Lot 99 Belmont Addition 18 -5063 -2221 216 S. 35t' Street Lot 98 Belmont Addition 18 -5063 -2224 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et 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 seq., and South Bend Municipal Code Sections 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 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: -10- REGULAR MEETING OCTOBER 22, 2001 i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; 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. -11- REGULAR MEETING OCTOBER 22, 2001 SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Edward C. Levy, 316 South Eddy Street, South Bend, Indiana, made the presentation for this bill. Mr. Levy advised that these three (3) lots are vacant and are next to a drainage ditch that the City owns. They wish to build upscale houses at this location and the tax abatement will allow people to purchase such a house on a first time basis. 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. 3044 -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 4011 AND 4005 RIVERSIDE DR., 1752 KESSLER BLVD., 12 10 AND 1214 SORIN ST., AND 2834 W. CALVERT ST. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES, J.C. AND NAOMI DAVIS, ANNETTE KYLE, AND ERNESTRO MARTINEZ WHEREAS, a Statement ofBenefits and apetition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 4011 Riverside Dr. Lot 279 Riverside Manor Sub 25 -1011 -0451 -12- 1 REGULAR MEETING 4005 Riverside Dr. 1752 Kessler Blvd. 1210 Sorin Street 1214 Sorin Street 2834 West Calvert St. Lot 280 Riverside Manor Sub Lot 31 of Portage Heights Addition Lot 7 Happ Taggart's 1 It Addition Lot 6 Happ Taggart's Addition Lot 35 Richard 1St Addition OCTOBER 22, 2001 25- 1011 -0452 18- 2140 -5262 18 -5078 -2734 18 -5078 -2735 18- 8110 -4175 be designated as a Residentially Distressed 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 a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 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 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 seq., 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 -13- REGULAR MEETING OCTOBER 22, 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 ofbenefits 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 -14- 1 1 1 REGULAR MEETING OCTOBER 22, 2001 Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Ms. Jill Sechowski, 17874 State Road #23, South Bend, Indiana, made the presentation for this bill representing Mr. Mike Urbanski of G &M Properties. Ms. Sechowski stated that they would appreciate the Council's support for this tax abatement as they have received in the past. 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. 3045 -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 110 SOUTH HILL STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR J & J LEASING, LLC ( U N D E R W R I T E R S LABORATORIES /ENVIRONMENTAL HEALTH LABORATORIES) 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 110 South Hill Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots 171 and 172 of the Plat of "Samuel L. Cottrell's Addition to the City of South Bend" as recorded in Plat Book #1 on Page #49 the Records of the St. Joseph County, Indiana, Recorder's Office and Lot #178A of the Plat of " Cottrell's Addition First Replat" as recorded in the records of said recorder and also the proposed Vacated 14 Ft. Wide North and South alley located between said lots described above. Containing 1.14 Acres more or less. Subject to all legal highways, easements and restrictions of record. Lots or parts of Lots as shown on the recorded Plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend, in St. Joseph County, Indiana, viz: The East Half of Lots numbered One Hundred Seventy -Seven (177) and One Hundred Seventy -eight (178), and A lot or parcel of land 33 feet in width, East and West, taken off of and from the entire length of the East side of the West Half of Lots -15- REGULAR MEETIN OCTOBER 22, 2001 Numbered One Hundred Seventy -Seven (177) and One Hundred Seventy -Eight (178), and Part of Lot Numbered One Hundred Seventy -Nine (179) described as beginning at the Northeast corner of said Lot 179; running thence West on the North line of said lot, 120 feet; thence South 33 feet; thence East 120 feet; thence North 33 feet to the place of beginning. A lot or parcel of land 49 Meet in width, East and West, taken off of and from the entire width of the West ends of Lots Numbered One Hundred Seventy -Seven (177) and One Hundred Seventy -Eight (178) as shown on the recorded Plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend, excepting therefrom a strip of land 12 feet in width, North and South, taken off of and from the entire width of the South end thereof. More commonly known as 616 E. Washington Street, South Bend, Indiana. A lot or parcel of land 46 feet in width, East and West, taken off of and from the entire width of the West Ends of Lots Numbered One Hundred Sixty -Four (164) and One Hundred Sixty -five (165) as shown on the recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend. Part of Lots numbered One Hundred Sixty -Four (164) and One Hundred Sixty -Five (165) as shown on the recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend, described as beginning at a point 36 feet West of the Northeast Corner of said Lot Numbered 164 on the North line of said lot; thence running South 88 feet; thence West 12 feet; thence North 88 feet to the North line of said Lot numbered 164; thence East 32 feet to the place of beginning. (The commonly known addresses of the above properties are: 110 S. Hill Street, 616 East Washington Street, 109 South St. Louis Street, and 524 East Washington Street) and which has Key Numbers 18 -5011- 0307,18 -5011- 0308,18 -5011 - 0309,18 -5011- 0310,18 -5011- 0321,18 -5011- 0322,18 -5011- 0322,18 -5011- 0321.01,18 -5010- 0297,18 -5010 -0294, respectively, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et se q., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1 et sea •, and South Bend Municipal Code Sections 2 -76, et 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 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: -16- REGULAR MEETING OCTOBER 22, 2001 SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et se q., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation. D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Section I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council pursuant to Section 2 -84 of the South Bend Municipal Code finds the ten 10 years is the appropriate and rational time period for this tax abatement in light of the following: 1. The petitioner currently employs over 103 people in the South Bend office and has an annual payroll of over $3.9 million. The petitioner also projects to add as many as 150 new positions to its payroll over the next five years. 2. Environmental Health Laboratories (EHL), in conjunction with Underwriters Laboratories (UL), which is the largest public safety testing company in the world, are dedicated to public safety and to the communities they are a part of 3. The petitioner cites the enormous costs associated with this project, with total project costs estimated to exceed $7 million. -17- REGULAR MEETING OCTOBER 22, 2001 The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten 10 years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Jerry Thoma, 1308 East Monroe Street, South Bend, Indiana, President ofEnvironmental Health Laboratories, made the presentation for this bill. Mr. Thoma advised that J & J Leasing is a real estate holding company that leases to Environmental Health Laboratories located at 110 South Hill Street. Since 1987, EHL has focused on becoming the nation's largest and most prestigious provider of laboratory analysis for the public water supply industry and they have obtained that goal. EHL has now become the nation's most comprehensive certified facility with certifications under the Safe DrinkingWater Act for compliance monitoring of municipal drinking water supplies from forty -eight (48) state agencies. EHL currently provides analysis to thousands of municipalities and hundreds of laboratories and engineering firms across the nation documenting the safety of drinking water for literally millions of United States citizens. In April of 2001 EHL was purchased by Underwriters Laboratories. Underwriters Laboratories (UL) wants to continue the tremendous growth that EHL has experienced by nearly tripling the size of the facility with a fifty thousand (50,000) square foot building addition at a cost of $7 million dollars. UL will also be investing additional funds for new instrumentation, furniture, fixtures and infrastructure improvements in the coming years. It is estimated that this project will create thirty - two (32) new permanent job within the first year with an average salary of thirty nine thousand two hundred fifty three dollars ( $39,253.00) per position. The project will also maintain ninety one (91) existing permanent full time jobs and twelve (12) part time jobs with an average salary of forty thousand four hundred sixty seven dollars ($40,467.00) per position. The expansion plan will also permit UL to move existing business programs from other UL facilities to the enlarged South Bend facility with the potential for one hundred fifty (150) new jobs within the next five (5) years. Mr. Thoma stated that the current property is located within an older mixed use City neighborhood that presents a variety of developmental challenges. The cost and difficulties of providing employees with off street parking has significantly affected the project budget and reduces the funds available for the construction project. In addition, there are significant costs involving the vacating of the alley and moving four (4) utilities that currently have easements in the alley. Mr. Thoma further noted that UL and EHL are enthusiastic about making a commitment to South Bend and being a part of the East Race area for many years to come. He stated that he believes that this project will offer vitality to small businesses in the East Race area and hopefully attract more high tec cutting edge companies to South Bend. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember King stated that over the last couple of months concerns have been raised about ME REGULAR MEETING OCTOBER 22, 2001 companies that own properties in neighborhoods which are part residential and part business and how the business entities manage their operations to fit in well with the neighborhood. He noted that he has been well aware of EHL's project for several months and part of the difficulty Mr. Thoma talked about arises from their concern about the neighborhood of which they are a part. They are located right next to East Washington Street and a proposed Historic district and because of all of their planning in taking into consideration how their building will fit in, they have incurred extra costs. Councilmember King stated that he believes they deserve some credit for taking the extra step to manage their relationship with the neighborhood. Therefore, Councilmember King 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. 3046 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ACCEPTING TERMS OF CREDIT ENHANCEMENT POLICY PERTAINING TO THE CITY OF SOUTH BEND, INDIANA SEWAGE WORKS REFUNDING REVENUE BONDS OF 2001 AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THEREWITH WHEREAS, the City of South Bend, Indiana (the "City ") the City has determined that it is advisable to issue current refunding bonds as authorized by Ordinance No. 9270 -01, passed by the Common Council of the City (the "Common Council ") on September 24, 2001 (the `Bond Ordinance ") and designated as the "City of South Bend, Indiana Sewage Works Refunding Revenue Bonds of 2001" in an original amount not to exceed Six Million Three Hundred Thousand Dollars ($6,300,000) (the "2001 Bonds "); and WHEREAS, Section 24 of the Bond Ordinance provides that in connection with the sale of the 2001 Bonds the City may obtain bond insurance to secure the 2001 Bonds, with the premium for such bond insurance to be payable from the proceeds of the 2001 Bonds; and WHEREAS, the City has determined, based upon information furnished to the City by its financial advisor, that it is advisable to obtain a financial guaranty bond insurance policy to secure the 2001 Bonds (the `Bond Insurance Policy "), and to select MBIA Insurance Corporation ( "MBIA ") to issue the Bond Insurance Policy; and WHEREAS, the Commitment of MBIA to issue the Bond Insurance Policy requires the City to comply with certain MBIA procedures and approvals (the "Policy Terms "), and such provisions include the matters which are contained in this Resolution; and WHEREAS, the Common Council has determined that it is advisable to secure the 2001 Bonds with the Bond Insurance Policy issued by MBIA, and in this regard, the Common Council desires to adopt this Resolution to insure that the City is in compliance with MBIA's Policy Terms for so long as the 2001 Bonds are secured by the Bond Insurance Policy: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. For so long as the 2001 Bonds are secured by the Bond Insurance Policy each of the following provisions shall be followed and complied with in connection with the 2001 Bonds and the Bond Ordinance: -19- REGULAR MEETING OCTOBER 22, 2001 A. Notice to the MBIA. Any notices required to be given by any party under the Bond Ordinance shall also be given to the MBIA, Attn: Insured Portfolio Management. B. Amendments or Supplements to 2001 Bond Ordinance. Without the prior written consent of MBIA, no amendments or supplements to the Bond Ordinance shall be adopted by the City for reasons other than: (i) a refunding to obtain savings; or (ii) the issuance of additional bonds pursuant to an additional bonds test. The City shall send a copy of each of such amendments or supplemental ordinances which are consented to by the MBIA to Standard & Poor's ( "S &P "). C. Events of Default and Remedies. Each of the following shall be deemed to constitute an event of default under the Bond Ordinance: (i) the City fails to pay principal when due; (ii) the City fails to pay interest when due; (iii) the City fails to observe any other covenant or condition of the Bond Ordinance and such failure continues for 30 days; or (iv) the City declares bankruptcy. MBIA, acting alone, shall have the right to direct all remedies in the event of a default. MBIA shall be recognized as the registered owner of each bond which it insures for the purposes of exercising all rights and privileges available to bondholders. For bonds which it insures, MBIA shall have the right to institute any suit, action, or proceeding at law or in equity under the same terms as a bondholder in accordance with applicable provisions of the governing documents. Any acceleration of principal payments with respect to the 2001 Bonds shall be subject to the MBIA's prior written consent. D. Defeasance. In addition to the limitations set forth in Section 15 of the Bond Ordinance, defeasance requires the deposit of. (i) cash; (ii) U.S. Treasury certificates, notes and bonds (including State and Local Government Series — "SLGs "); (iii) direct obligations of the Treasury which have been stripped by the Treasury itself, CATS, TIGRS and similar securities; (iv) the interest component of Resolution Funding Corp. (REFCORP) strips which have been stripped by request to the Federal Reserve Bank of New York in book entry form; (v) pre- refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S &P; provided, however, that if the issue is only rated by S &P (i.e., there is no Moody's rating), then the pre - refunded bonds must have been pre - refunded with cash, direct U.S. or U.S. guaranteed obligations, or AAA rated pre - refunded municipals; (vi) Obligations issued by the following agencies which are backed by the full faith and credit of the United States: (a) U.S. Export- Import Bank (Eximbank) - direct obligations or fully guaranteed certificates of beneficial ownership, (b) Farmers Home Administration (FmHA) - certificates ofbeneficial ownership, (c) Federal Financing Bank, (d) General Services Administration - participation certificates, (e) U.S. Maritime Administration - Guaranteed Title XI financing, (f) U.S. Department of Housing and Urban Development (HUD) - project notes, local authority bonds, new communities debentures (U.S. government guaranteed debentures), and U.S. Public Housing notes and bonds (U.S. government guaranteed public housing notes and bonds). E. Agents. In all transactions under the Bond Ordinance where there is an agent /enhancer (other than the MBIA), the trustee, tender agent (if any), and paying agent (if any) must be commercial banks with trust powers. In addition, the remarketing agent must have trust powers if it is responsible for holding moneys or receiving bonds. SECTION 2. This Resolution shall be in full force and effect from and after its passage. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 22" day of October, 2001. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA s /Charlotte Pfeifer Member of the Common Council -20- REGULAR MEETING OCTOBER 22, 2001 Councilmember Coleman made a motion to consider the substitute version of this Resolution as submitted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman reported that the Utilities Committee met this afternoon and sends this bill to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Gilot stated that this Resolution is to ensure a refinancing bond issue for the Sewage Revenue Bonds of 1993. The City is refinancing to take advantage of low interest rates and will be saving a net present value of three hundred fifty seven thousand dollars ($357,000.00) by doing this insured refinancing at this time and will take that savings in the form of reduced future principal and interest payments over the same term as what the 1993 bond would have called for. 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 as substituted. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3047 -01 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AUTHORIZING THE UNITED STATES ATTORNEY NORTHERN DISTRICT OF INDIANA, TO SUBMIT AN APPLICATION FOR WEED AND SEED OFFICIAL RECOGNITION TO THE UNITED STATES DEPARTMENT OF JUSTICE ON BEHALF OF THE WEED AND SEED STEERING COMMITTEE, THE MAYOR OF SOUTH BEND, AND THE ST. JOSEPH COUNTY PROSECUTOR WHEREAS, the Congress of the United States of America, through Public Law 106 -553, has established the Weed and Seed Program, administered by the U.S. Department of Justice (DOJ), allowing communities to achieve "Official Recognition" as Weed and Seed areas, and entitling those communities which are so recognized with certain benefits (as provided by law), from time to time; and WHEREAS, the vision of the Weed and Seed strategy is twofold, being, 1) that law enforcement agencies and criminal justice officials cooperate to "weed out" criminals who are violent or abuse drugs to prevent them from victimizing residents in the designated area; and 2) that social services and economic revitalization are brought in to "seed" the area to ensure long -term change and a higher quality of life for residents; and WHEREAS, a community process has been set in motion which complies with the requirements set forth by the DOJ, including the creation of a Weed and Seed Steering Committee composed of persons representing the City of South Bend, the St. Joseph County Prosecutor, the United States Attorney Northern District of Indiana, nonprofit and social service organizations and community residents; and WHEREAS, the Weed and Seed Steering Committee, with staff support from the City of South Bend and the Prosecutor's office, has selected an area within South Bend which the Steering -21- REGULAR MEETING OCTOBER 22, 2001 Committee would like to see officially recognized by the DOJ as a designated Weed & Seed Target Area; and WHEREAS, the Weed and Seed Steering Committee, with staff support from the City of South Bend and the Prosecutor's office, has developed general goals and objectives as part of a community - based, five -year Implementation Plan; and WHEREAS, the application to the DOJ for Official Recognition represents the collaboration and commitment of many organizations from the public, private the nonprofit sectors, to work together to improve the quality of life for the residents of the designated area in particular, as well as the residents throughout the entire city; and WHEREAS, the Weed and Seed Steering Committee has approved the Weed and Seed application at a Steering Committee meeting held on October 22, 2001. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. That the request for the Common Council of the City of South Bend to support the application to the DOJ for Weed and Seed "Official Recognition" shall be and hereby is approved and accepted. Section II. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Ujdak advised that the Health and Public Safety Committee met this afternoon and sends this Resolution to the Council with a favorable recommendation. Mr. Jon Hunt, Director, Department of Community-and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Hunt stated that this Resolution authorizes the submission of an application for Official Recognition as a Weed and Seed Community. Additional money does not come with this official recognition but it is the first step in securing additional money and does open up other possibilities in terms of putting the City in a priority position for other federal programs. It is a community based and neighborhood driven effort to develop a strategy that is based on law enforcement, community policing, human and social service and neighborhood revitalization. He noted that the areas that they will be looking at will be the neighborhoods of St. Casimir's, St. Adalbert's, LaSalle Park and a portion of the Western Avenue Commercial Corridor. Mr. Hunt noted that the Steering Committee is composed of about forty -five (45) citizens and agency representatives and they look forward to having a strong application though there is no assurance the Official Recognition will be received. It is an effort to bring together a number of actors into one area to bring a set of tools together to improve neighborhoods by first focusing on public safety and crime issues on a neighborhood basis in a partnership fashion and then moving into the restoration and revitalization of the neighborhood by bringing in human social service and housing and economic development programs. They are excited about the possibilities and upon Council approval the application will be submitted at the end of the month with a two (2) or three (3) month review process on the application by the federal government. Mayor Stephen Luecke asked for the Council support for this Resolution. He stated that the staff and the citizen steering committee have been working hard on this mater. It has brought many different partners together to focus on issues, to use the assets of the community and to find -22- REGULAR MEETING OCTOBER 22, 2001 solutions. He noted that there are no guarantees that the City will get the recognition but it is felt that the City is putting together a good application and it becomes step one in a long term process for focusing some attention in this area which needs attention. He noted that the City has begun to provide some services to the area through the partnership center, the Urban Enterprise Zone and will continue to expand on those. This is an opportunity to draw people in just as the City does on the commercial corridor projects and downtown partnership. They will draw people in who work in the area and get them involved in finding solutions and new investments for the area. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Uj dak seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO.101 -01 FIRST READING ON A BILL APPROPRIATING $126,081 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 12, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 102 -01 FIRST READING ON A BILL APPROPRIATING $3,924,000 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE .DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2002, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 12, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 103 -01 FIRST READING ON A BILL APPROPRIATING $617,393 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on -23- REGULAR MEETING OCTOBER 22, 2001 November 12, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 104 -01 FIRST READING ON A BILL APPROPRIATING $48,920 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND, FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S ADMINISTRATIVE BUDGET This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 12, 2001. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 105 -01 FIRST READING ON A BILL APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2002 BEGINNING JANUARY 1, 2002 This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 12, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 106 -01 FIRST READING ON A BILL TRANSFERRING $409,457 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 12, 2001. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 107 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING PROCEEDS (TOGETHER WITH INVESTMENT EARNINGS THEREON) DERIVED FROM THE ISSUANCE OF BONDS HERETOFORE AUTHORIZED IN ORDINANCE 9192 -01 AND DEPOSITED IN ECONOMIC DEVELOPMENT STATE. GRANT FUND #210 FOR THE PURPOSE OF REMEDIATING ENVIRONMENTAL CONDITIONS IN CONNECTION WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT -24- REGULAR MEETING OCTOBER 22, 2001 This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 12, 2001. Councilmember Coleman 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 SPECIAL MEETING OF THE HEALTH AND PUBLIC SAFETY COMMITTEE TO ADDRESS RECENT INCIDENTS Councilmember Ujdak stated that in the last couple of weeks the South Bend Tribune has reported on problems in his district. He noted that there was an incident around LaSalle High School with fights spreading into the neighborhoods. Councilmember Ujdak further stated that he will be scheduling a special meeting of the Health and Public Safety Committee within the next couple of weeks. Representatives from the Mayor's office, the Police Department, the South Bend Community School Corporation, the School Board and Administration as well as the principals of Navarre Middle School, Washington High School and LaSalle High School, Juvenile Justice Center and fellow Council members will be asked to attend to address some of these problems. Councilmember Ujdak noted that the Police Department is doing their part on the street but he would like to identify some of the causes and hopefully address and find a method to prevent it and more importantly stop it from happening in the future. He noted that he will notify the City Clerk's office to arrange this meeting in the near future. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 7:46 p.m. ATTEST: Loretto". �. a, Ci Clerk -25- ATTEST: Charlotte Pfeifer, Pr id nt