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HomeMy WebLinkAbout05-13-96 Council Meeting MinutesREGULAR MEETING May 13, 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, May 13, 1996, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members 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 April 15, meeting 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 April 15, 1996, meeting be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Kelly announced that due to the holiday the next regular meeting of the Council will be Tuesday, May 28. RESOLUTION NO. 96 -31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP Council Member Coleman made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2354 -96 A RESOLUTION OF THE COMMON COUNCIL AND MAYOR OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING THE CITY'S SUPPORT TO PROJECT FUTURE IN 1997 THROUGH 2001 Whereas, the Common Council and Mayor of the City of South bend, Indiana, acknowledge that for the past fourteen (14) years Project Future has promoted South Bend, Mishawaka and St. Joseph County for economic development purposes; and Whereas, over the period of time, Project Future has assisted in numerous major economic development projects in our community which have generated nearly $1.4 billion of investment and directly created more than 4,800 new jobs (with over 30,000 total jobs ultimately being created in the County); and Whereas, Project Future plans to continue to conduct an area -wide economic development program to attract businesses and expand our existing businesses; and Whereas, Project Future has requested from the City of South Bend, the City of Mishawaka, and St. Joseph County, respectively, five (5) year commitments to assist in the funding of its economic development programs and its educational initiatives; REGULAR MEETING MAY 13, 1996 NOW, THEREFORE, BE IT RESOLVED by the Common Council and Mayor of the City of South Bend, Indiana: Section 1. The City of South Bend pledges its support to Project Future in jointly working together to attract new businesses and jobs and revitalize existing businesses in our community. Section 2. Project Future has requested a five (5) year commitment from the City of South Bend for $100,000 in 1997, $100,000 in 1998, $100,000 in 1999, $100,000 in 2000, and $100,000 in 2001. Section 3. The City of South Bend makes a $500,000 commitment to Project Future for 1997 from 2001, contingent upon the fiscal condition of the City in each of the designated years, and subject to the annual budget review and approval process. Stephen Luecke, 1st District David 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. Jon Hunt, Director of Redevelopment, made the presentation for the bill. He indicated this resolution endorses the work Project Future has done, and continues to do, in bringing business to the community. He indicated that over the past two or three years Project Future has played a key roll in bringing in companies to the Blackthorn Industrial Park. He indicated this resolution calls for a five year commitment from the City of $100,000 a year. Patrick McMahon, Director of Project Future, indicated they appreciated the support they have received from the Council in the past. 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. REPORTS OF CITY OFFICES Kathy Baumgartner, Director of the Bureau of Housing, indicated they had experienced a tremendous growth in the last few years and serve as the City's arm to implement housing programs. She explained that they serve four not - for - profit groups: Housing Development of St. Joseph County; HDC Construction; Community Home Buyers Corp, Christmas in April, and receive ve compensation for their services: She discussed the REWARD program and said they serviced 64 new homeowners through this program in 1995. Council Member Coleman made a motion to resolve into the Committee of the Whole, 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 7:21 p.m. with nine members present. Chairman Washington presiding. REGULAR MEETING MAY 13, 1996 BILL NO. 23 -96 A BILL ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (COPPERFIELD ANNEXATION) - Council Member Zakrzewski made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 24 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF F. JAY NIMTZ PARKWAY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, ALSO BEING THE SOUTHWEST CORNER OF SECTION 20; THENCE NORTH 00014'09" WEST A DISTANCE OF 49.67 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00014109" WEST A DISTANCE OF 20.33 FEET; THENCE NORTH 89047123" WEST A DISTANCE OF 331.96 FEET; THENCE NORTH 00o12137" EAST A DISTANCE OF 35.00 FEET; THENCE NORTH 89047'23" WEST A DISTANCE OF 1109.08 FEET; THENCE SOUTH 00009'46" WEST A DISTANCE OF 55.33 FEET; THENCE SOUTH 89047123" EAST A DISTANCE OF 1441.84 FEET TO THE POINT OF BEGINNING. 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. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. James Riggs, Project Manager for Blackthorn, made the presentation for the bill. He indicated this bill vacates the northern portion of right -of -way. He indicated this 40' establishes a right -of -way, which will allow for additional development. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council member Hosinski. The motion carried. BILL NO. 25 -96 A BILL AMENDING ORDINANCE NO. 6738 -80 TO CORRECT THE LEGAL DESCRIPTION OF THE REAL ESTATE LOCATED AT 830 N. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA, WHICH WAS THEREBY DESIGNATED AND ESTABLISHED AS A HISTORIC LANDMARK. 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. James Talley, Historic Preservation Commission member, made the presentation for the bill. He indicated this bill will correct the legal description error that appears in Ordinance No. 6738 -80. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 26 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF SUNNYMEDE AVE., FROM THE EAST RIGHT -OF -WAY LINE OF S. TWYCKENHAM DR., TO THE PROPERTY OF LOT 873, WHITCOMB AND KELLER'S FOURTH ADDITION TO SUNNYMEDE, RUNNING ADJACENT TO GRAND TRUNK WESTERN RAILWAY FOR A DISTANCE OF APPROXIMATELY 164 FEET AND A WIDTH OF REGULAR MEETING 16 FEET. PART FOURTH ADDITION BEND. MAY 13, 1996 SITUATED IN WHITCOMB AND KELLER'S TO SUNNYMEDE IN THE CITY OF SOUTH Council Member Zakrzewski made a motion to continue this bill, until June 10, seconded by Council Member Coleman. The motion carried. BILL NO. 27 -96 A BILL TRANSFERRING $104,020 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. 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 Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, director of Financial & Program Management, made the presentation for the bill. She indicated that at the request of South Bend Heritage they were asking for this transfer to provide additional funds for Western /Chapin Commercial Development. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. Council Member Luecke announced that he was employed by South Bend Heritage, however, he would not be receiving any remuneration, and would be voting on this bill. The motion carried. BILL NO. 28 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $16,725.00 FROM HAZ /MAT FUND (FUND #289) FOR THE PURCHASE OF EQUIPMENT. 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 Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Dale Wedel, Chief of Special Operations, made the presentation for the bill. He indicated these funds will be used to upgrade and replace equipment. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 29 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $8,000.00 FROM INDIANA RIVER RESCUE FUND (FUND #291) FOR THE PURCHASE OF EQUIPMENT. 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 Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Dale Wedel, Chief of Special Operations, made the presentation for the bill. He indicated these funds would be used to upgrade and replace equipment. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 30 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REMOVING THE SOUTH BEND WATER WORKS FROM THE JURISDICTION OF THE 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 Hosinski reported that the Utilities Committee had met on this bill and would not have a recommendation until the meeting of May 28. John Leszczynski, Director of Public works, made the presentation for the bill. The public hearing was held in a town hall forum manner, with comments and questions heard and answered. Council Member Coleman made a motion to continue this bill in the public portion 1 REGULAR MEETING MAY 13, 1996 until the special meeting of May 28, at Century Center, seconded by Council Member Zakrzewski. The motion was withdrawn. Council attorney, Kathleen Cekanski - Farrand asked for a five minute recess. The meeting was recessed at 9:40 and reconvened at 9:48 p.m. Council Member Luecke made a motion to continue this bill until May 28, in the public hearing portion with the understanding the administration would do a brief review, seconded by Council Member Kelly. The motion carried. Council Member Varner made a motion that the Council attorney send a letter to the URC asking them to attend the meeting on May 21 at Century Center, seconded by Council Member Hosinski. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: ATTEST: ity le Chairman 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 9:45 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDNANCE NO. 8670 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO VACATE THE FOLLOWING DESCRIBED PROPERTY:, A PART OF F. JAY NIMTZ PARKWAY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, ALSO BEING THE SOUTHWEST CORNER OF SECTION 20; THENCE NORTH 00014109" WEST A DISTANCE OF 49.67 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00014109" WEST A DISTANCE OF 20.33 FEET; THENCE NORTH 89047'23" WEST A DISTANCE OF 331.96 FEET; THENCE NORTH 00o12137" EAST A DISTANCE OF 35.00 FEET; THENCE NORTH 89047'23" WEST A DISTANCE OF 1109.08 FEET; THENCE SOUTH 00009'46" WEST A DISTANCE OF 55.33 FEET; THENCE SOUTH 89047'23" EAST A DISTANCE OF 1441.84 FEET TO THE POINT OF BEGINNING. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8671 -96 AN ORDINANCE AMENDING ORDINANCE NO. 6738 -80 TO CORRECT THE LEGAL DESCRIPTION OF THE REAL ESTATE LOCATED AT 830 N. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA, WHICH WAS THEREBY REGULAR MEETING MAY 13, 1996 DESIGNATED AND ESTABLISHED AS A HISTORIC LANDMARK. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Washington. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8672 -96 AN ORDINANCE TRANSFERRING $104,020 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8673 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $16,725.00 FROM HAZ /MAT FUND (FUND #289) FOR THE PURCHASE OF EQUIPMENT. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8674 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $8,000.00 FROM INDIANA RIVER RESCUE FUND (FUND #291) FOR THE PURCHASE OF EQUIPMENT. This bill had third motion to pass this The bill passed on RESOLUTIONS reading. Council Member Coleman made a bill, seconded by Council Member Hosinski. a roll call vote of nine ayes. RESOLUTION NO. 2355 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3680 WEST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR THE JOSEPH POWELL COMPANY, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax-abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3680 West Sample, South Bend IN, and which is particularly described as follows: That part of the Northeast quarter of Section 18, Township 37 North, Range 2 East, City of South Bend, St. Joseph County which is described as: From the Northwest corner of East half of the Northeast quarter of said section measure South 90099100" West along the North line of said section, 630.00 feet and South 000 02' 31" East 40.00 feet and North 900 00100" East 300.02 feet (300.00 feet record) and South 000 04'00" West 578.33 feet (South 000 04'00" West 578.33 feet South 000 04'00" West 578.33 feet (South 000 01'52" West, 579.125 feet record) and North 89024113" east, 13.64 feet (North 890 59'13" East 13.745 feet record) and South 00000138" East 250.27 feet to the point of beginning of this description; thence South 89055149" West along the North line of Industrial Avenue (now vacated), 159.99 feet; thence South 00003'24" West 400.60 feet; thence South 89055141" 11 �I F-1 LJ REGULAR MEETING East along the Northerly Illinois Railroad, 289.00 128.96 feet; thence North of beginning. MAY 13, 1996 line of the New Jersey, Indiana and feet; thence North 00056124" West 00000138" West 38.00 feet to the point with said real estate having the following Key No. 18 8112 421509 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, 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 ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Commission met on this resolution and recommended it to the Council favorable. Joseph Podell, the petitioner, made the presentation for the resolution. He indicated he was renovating the Torrington Foundry Building, which has been vacant for many years. Gene Oakley, 2614 York Road, spoke in favor of this abatement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2356 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 228 E. BRONSON, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, INC. OF SOUTH BEND. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 228 E. Bronson, South Bend, Indiana, and which is more particularly described as follows: Lot A Monroe Sample Replat REGULAR MEETING MAY 13, 1996 Lot B Monroe Sample Replat Lot G Monroe Sample Replat Lot E Monroe Sample Replat Lot F Monroe Sample Replat and this property has Key Numbers 18 3025 0910, 18 3021 0793, 18 3024 090101, 18 3025 0912, 18 3092 3513, 183025 2513, 18 3025 09041, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et sea.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et sea., and South Bend Municipal Code Sections 2- 76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. REGULAR MEETING MAY 13, 1996 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 to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Mike Wojysiak, CPA, made the presentation for the resolution. He indicated they planned to purchase machinery which will allow them to move into new markets. He reported that the estimated cost of the new machinery and equipment is $477,300. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2357 -96 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. It is necessary to provide funds for the General Fund, Park Maintenance Fund, and Cumulative Capital Improvement Fund prior to the receipt of taxes in the year 1996 in order to meet the current operating expenses of the City, provided for in the budget adopted for the year 1996. There are monies on deposit to the credit of various funds of the City, to -wit: The Liability Insurance Premium and Reserve Fund, the Sewage Works Depreciation Fund, the Sewage Works Operation and Maintenance Reserve Fund, which can be temporarily advanced or transferred to the various funds already mentioned. Indiana Code 36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: Section I. The City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $8,200,000 to various funds from various funds as listed below. The aggregate amount of $8,200,000 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1996. FROM: MAXIMUM TO: MAXIMUM Liability Insurance $1,000,000 General Fund $7,000,000 REGULAR MEETING Premium & Reserve Sewage Works Depreciation Sewage Works Operation and Main- tenance Reserve Park Maintenance Fund 4,100,000 Cumulative Capital 3,100,000 TOTAL 8,200,000 MAY 13, 1996 1,000,000 200,000 8,200,000 SECTION II. Such transfer shall be made for a period of time not to extend beyond December 31, 1996, and such funds to be transferred shall be returned and repaid to the original funds from which they were transferred. SECTION III. 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. Amy Schmanski, Finance Office Environmental Services, made the presentation for the resolution. She indicated this is an annual resolution passed by the Council which allows for the transfer of idle funds. She reported we use this method rather then tax warrants. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. BILLS, FIRST READING BILL NO. 31 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: IVY ROAD FROM THE NORTH RIGHT -OF -WAY LINE OF SOUTH BEND AVENUE (S.R.23) TO THE SOUTH RIGHT -OF -WAY OF EDISON ROAD FOR A DISTANCE OF APPROXIMATELY 260 FEET IN LENGTH AND 60 FEET IN WIDTH; PART SITUATED IN THE NORTHWEST QUARTER OF THE WEST ONE -HALF OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on May 28, seconded by Council Member Coleman. The motion carried. BILL NO. 32 -96 A BILL TO VACATE ALL STREETS AND ALLEYS SOUTH OF VACATED ELDER STREET, EAST OF MICHIGAN STREET, WEST OF CARROLL STREET AND NORTH OF FIRST EAST /WEST ALLEY SOUTH OF PENNSYLVANIA, INCLUDING ALL STREETS AND ALLEYS SOUTH OF OHIO STREET, EAST OF CARROLL STREET, WEST OF FELLOWS STREET AND NORTH OF FIRST EAST /WEST ALLEY SOUTH OF PENNSYLVANIA STREET. FURTHER INCLUDING KEASEY STREET EAST OF FELLOWS AND WEST OF MARIETTA. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on May 28, seconded by Council Member Varner. The motion carried. BILL NO. 33 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE 1 J 1 REGULAR MEETING MAY 13, 1996 MUNICIPAL CODE TO INCLUDE ARCADES AS A USE WHICH IS PERMISSIBLE IN COMMUNITY CENTERS AND REGIONAL CENTERS WITHIN C2 DISTRICTS This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 34 -96 A BILL APPROPRIATING $110,000.00 FROM THE LOCAL ROAD AND STREET FUND This bill had first reading. Council Member Luecke made a motion to refer this bill to the Public Works Committee and set it for public hearing and third reading on May 28, seconded by Council Member Coleman. The motion carried. BILL N0. 35 -96 A BILL APPROPRIATING $300,000.00 FROM THE SEWAGE DEPRECIATION FUND This bill had first reading. Council Member Luecke made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on May 28, seconded by Council Member Coleman. The motion carried. BILL NO. 36 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $107,880 FROM THE GENERAL FUND; $31,402 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND; AND $350,670 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on May 28, seconded by Council Member Coleman. The motion carried. BILL NO. 37 -96 A BILL CREATING A DIVISION OF ANIMAL CONTROL WITHIN THE GENERAL FUND AND FUNDING SAID DIVISION BY DECREASING THE DIVISION OF CODE ENFORCEMENT 1996 BUDGET BY $180,872 This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on May 28, seconded by Council Member Luecke. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to refer Bill nos. 15, 16, 20 -96 to the Zoning and Vacation Committee and set them for public hearing and third reading on May 28, seconded by Council Member Luecke. The motion carried. PRIVILEGE OF THE FLOOR Vickie Black, Michiana Income Property Owners Association, indicated that at a Meet the Candidate Night for their association several landlords expressed a concern about tenants who trash houses and apartments and they move on to another unsuspecting landlord. She indicated a Council Member stated that if they could find an ordinance pertaining to tenants that is currently in use, they would consider adopting it. A copy of an ordinance from Milwaukee was sent to the Council in January, and we have not heard any thing from the Council. Lee Haggard, 50813 Mayflower Road, spoke regarding transportation for the disabled. He indicated his daughter had looked for a jobs for years and finally found one and was going to lose it because of the lack of public transportation. He indicated the City of Muncie has wheelchair lifts on all their buses. He said REGULAR MEETING MAY 13, 1996 that presently the state is paying $40 a day for her transportation and this is running out on June 7. Oliver Peterdy, 25215 S. Michigan, a property owner, spoke regarding tenant problems. He reported he had been threatened and assaulted by tenants and the police have told him the only action he can take is civil. Charles Howell, 1118 Duey, indicated he is a landlord and Code Enforcement was harassing him. He indicated that Code is tearing down good housing stock. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 10:28 p.m. ATTEST: -- / I President �l 1