Loading...
HomeMy WebLinkAbout01-22-96 Council Meeting MinutesREGULAR MEETING JANUARY 22, 1996 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, January 22, 1995, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the December 18, January 1, and January 8, 1996, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the December 18, January 1 and January 8, 1996, meetings be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2332 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING REV. DAVE DAVIS UPON HIS RETIREMENT AFTER THIRTY -FIVE YEARS OF DEDICATED PASTORAL SERVICE. Whereas, the Common Council of the City of South Bend, Indiana, recognizes that Rev. Dave Davis, the pastor of Greater Friendship Church, recently retired after thirty -five (35) years of dedicated pastoral service; and Whereas, Rev. Davis was ordained at what is now Greater St. John Missionary Baptist Church and then later served at the Second Baptist Church before coming to the Greater Friendship Baptist Church; and Whereas, the Common Council is further proud to recognize that Rev. Dave Davis has served as a South Bend Police Department Chaplain and a member of the Interdenomination Ministerial Alliance; and Whereas, Rev. Davis, now age 81 years old, has continued to be active in his neighborhood, his community and schools, and has inspired and encouraged countless people and especially children who he considers to be his extended family; and Whereas, the Common Council commends Rev. Dave Davis for a long and dedicated pastoral service career and for his dedication to enriching people and their neighborhoods. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates Rev. Dave Davis for his thirty -five (35)years of dedicated service as a pastor and congratulates him upon his retirement as the pastor of Greater Friendship Baptist Church. REGULAR MEETING JANUARY 22, 1996 Section II. The Common Council of the City of South Bend, . Indiana, THANKS Rev. Dave Davis for his many years of dedicated service to our community, and wish him and his wife, Juanita, a very enjoyable retirement for many years into the future. Section III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District David A. Varner, 5th District Charlotte Pfeifer, 2nd District Thomas Zakrzewski, 6th District Roland Kelly, 3rd District Sean Coleman, At Large John Broden, 4th District John Hosinski, At Large Cleo Washington, At Large Loretta Duda, City Clerk Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Washington and Police Division Chief, Lynn Coleman, made the read the resolution. Lynn Coleman thanked the Council for honoring a man who has been a large part of this life. Council Member Washington said Rev. Davis is a man who has given much to the church and community. Rev. Kirk spoke in favor of this resolution, he indicated he had worked with Rev. Davis for thirty years. Dory Daniels; Charles Black; George Jones spoke in favor of this resolution. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Mrs. Davis and Pastor Davis thanked the Council for the resolution. SPECIAL BUSINESS Council Member Luecke made a motion to accept the Mayor's proposal to move the State of City Address to the 12th of February, seconded by Council Member Coleman. The motion carried. Council President Kelly announced the reappoint, to the Historic Preservation Commission, of Janeanne Petrass and Jerry Weiner. Council Member Coleman made a motion to resolve into the Committee of the Whole, and recess, seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:25 p.m. with nine members present. Chairman Washington presiding. BILL NO. 75 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 828 JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA Council Member Zakrzewski made a motion to continue this bill until February 26, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 62 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY 1 REGULAR MEETING JANUARY 22, 1996 LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and - Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, indicated that the petitioner planned to erect an office building and parking garage. He indicated this petition had received a favorable recommendation from Area Plan. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Richard Morgan, attorney, made the presentation for the bill. He said the petitioner was asked for a zoning change from "B" to "Cl" in order to construct Parkview Court, a sister office building to Park Atrium. He indicated this would be a two million dollar investment by the developers. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 88 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE SECOND NORTH -SOUTH ALLEY EAST OF SOUTH EDDY STREET, FROM THE NORTH RIGHT -OF -WAY LINE OF EAST SUNNYMEDE STREET TO THE SOUTH LINE OF THE FIRST EAST -WEST ALLEY NORTH OF SUNNYMEDE STREET FOR A DISTANCE OF APPROXIMATELY 111 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN WHITCOMB AND KELLER'S SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable, subject to an agreement between the two parties. Kathleen Cekanski - Farrand, Council attorney, indicated the bill should be amended in Section I., by changing the last period to a comma and add "subject to an access agreement being signed by the adjoining property owners and it being recorded in the St. Joseph County Recorder's Office, with a copy of such agreement being filed with the City Clerk." Council Member Luecke made a motion to accept the amendment, seconded by Council Member Coleman. The motion carried. Dave Troeger, 1203 Sunnymede Street, made the presentation for the bill. He indicated they desired to close the alley for the safety of the children, as well as enhance the surrounding properties. Tasia Jaques, 1143 Sunnymede, co- petitioner, indicated their main concern was for the safety for children. Lincoln Johnson, 518 N. Hill, indicated he has used this alley in the past year and would be inconvenienced if it was closed. C.L. Bingaman, spoke against the closing of this alley. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Broden. The motion carried. BILL NO. 1 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $150,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Betsy Harriman, Administrative Director of Parks, made the presentation for the bill. She indicated they were requesting this appropriation in order to make maintenance improvements to Coveleski Stadium. She indicated that some of the improvements will generate additional revenue. Council Member Luecke made a motion to recommend this bill to the Council REGULAR MEETING JANUARY 22, 1996 favorable, seconded by Council Member Coleman. The motion carried. Council Member Zakrzewski made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST: ity C er REGULAR ME ING RECONVENED ATTEST:, chairman 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 8:02 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8654 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8655 -96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE SECOND NORTH- SOUTH ALLEY EAST OF SOUTH EDDY STREET, FROM THE NORTH RIGHT -OF -WAY LINE OF EAST SUNNYMEDE STREET TO THE SOUTH LINE OF THE FIRST EAST -WEST ALLEY NORTH OF SUNNYMEDE STREET FOR A DISTANCE OF APPROXIMATELY 111 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN WHITCOMB AND KELLER'S SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8656 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $150,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2333 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1996 IN ACCORDANCE WITH I.C. 5 -13 -9 AND /OR I.C. 5- 13 -11, AND AUTHORIZING THE CITY CONTROLLER TO CONDUCT THE CITY'S REGULAR MEETING JANUARY 22, 1996 BUSINESS WITH FINANCIAL INSTITUTIONS THROUGH THE USE OF ELECTRONIC FUND TRANSFERS AND CASH MANAGEMENT SERVICES There are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operating of the various departments of the City. I.C. 5- 13 -9 -1, et seq., enables the Controller, or his designee, to invest such idle funds with the approval of the Common Council. I.C. 5- 13 -5 -5 et seq., authorizes the transaction of the City business with financial institutions through the use of electronic funds transfer upon proper resolution by the Common Council. I.C. 5- 13 -11 -1 et seq., authorizes the Controller to contract with a depository for the operation of a cash management system. NOW, THEREFORE, BE IT ORDAINED by the South Bend Council, as follows: SECTION I. That during the calendar year 1996, the Controller or his designee may invest and reinvest any idle funds of the Civil City of South Bend, including, but not limited to money raised by bonds issued for a future specific purposes, sinking funds, depreciation reserve funds, gift, bequest, or endowment, or any funds available for investment, for such periods of time that he determines are not needed for the normal operations of the various departments of the Civil City, in the manner permitted by I.C. 5- 13-9 and /or I.C. 5- 13 -11. SECTION II. The Controller of the City of South Bend, or his designee, is hereby authorized to conduct the following business transactions with financial institutions through the use of electronic funds transfers; a. Transfer of monies on deposit from one approved public depository of the City to another. b. Transfer of monies into and between various payroll accounts C. Transfer of monies for the purchase and redemption of various securities for investment purposes. SECTION III. For purpose of this Resolution, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. SECTION IV. The Controller of the City of South Bend, or his designee, is hereby directed and required to maintain adequate documentation of the transactions affected by electronic funds transfer so that they may be audited as provided by law. SECTION V. The City of South Bend, in accordance with I.C. 4- 8.1-2-7(c), elects to receive distributions from the State of Indiana by means of electronic transfer of funds. SECTION VI. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Tom Scarbek, City Auditor, made the presentation for the resolution. REGULAR MEETING JANUARY 22, 1996 He indicated a resolution is passed annually which authorizes the City Controller to invest and reinvest idle city funds, as well as conduct business with financial institutions by electronic fund transfers. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 2 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE TO REVISE REQUIREMENTS AS TO IDENTIFICATION OF' ANIMALS, TO REVISE PROVISIONS FOR ANIMAL CONTROL AND PENALTIES FOR VIOLATIONS This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on February 26, and refer it to the Public Safety Committee, seconded by Council Member Zakrzewski. The motion carried. UNFINISHED BUSINESS Council Member Zakrzewski made a motion to set Bill No. 86 -95 for public hearing and third reading on February 12 and refer it to the Zoning and Annexation Committee, seconded by Council Member Luecke. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke regarding the County jail location. He indicated the same people would be against the hockey arena. Gene Oakley, 2614 York Road, spoke against spending $35,000 for a study on the hockey arena. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, a seconded by Council Member Washington. The motion carried. The meeting was adjourned at 7:58 p.m. ATTEST: ATTEST: ty C erk President 1