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HomeMy WebLinkAbout01-13-92 Council Meeting Minutes7�'�o 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 13, 1992, 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, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Duda, Coleman and Ladewski 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 9, December 30, 1991 January 6, 1992 meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Steve Luecke /s /Loretta Duda Council Member Coleman made a motion that the minutes of the December 9, December 30, 1991 and January 6, 1992 meetings of the Council be accepted and placed on file seconded by Council Member Puzzello. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1908 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located to the southeast of the intersection of Ironwood Road with Inwood road, within the Northwest Quarter of Section 29, Township 37 North, Range 3 East, Penn Township, and is proposed to be developed as a site for construction of a physicians offices and a medical facility, the development of which land as proposed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, fire and police protection, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, water facilities and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of .the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF BEND, INDIANA, AS FOLLOWS: ORGANIZATIONAL MEETING JANUARY 6. 1992 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 6, 1992, at 7:30 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello, Zakrzewski, Duda, and Ladewski Absent: Council Members Slavinskas & Coleman Council Member Luecke made a motion that Council Members Slavinskas and Coleman be allow to vote by ballot in absentia, seconded by Council Member Ladewski. The motion carried by a roll call vote of seven ayes. Council Member Puzzello made a motion to nominate Council Member Luecke for president, seconded by Council Member Duda. As,there were no further nominations City Clerk, Irene Gammon, announced that Council Member Luecke was elected president by acclamation. Council Member Ladewski made a motion to nominate Council Member Coleman for vice president, seconded by Council Member Luecke. As there were no further nominations City Clerk, Irene Gammon, announced that Council Member Coleman was elected vice president by acclamation. Council Member Washington made a motion to nominate Council Member Puzzello for chairman of the Committee of the Whole, seconded by Council Member Ladewski. As there were no further nominations City Clerk, Irene Gammon, announced that Council Member Puzzello was elected chairman of the Committee of the Whole by acclamation. NEW BUSINESS Council President Luecke announced the reappointment of Kathleen Cekanski - Farrand as Council attorney for 1992. There being no further business to come before the Council unfinished or new, Council Member Puzzello made a motion to adjourn, seconded by Council Member Washington. The motion carried and the meeting was adjourned at 4:40 p.m. ATTEST: City Clerk APPROVED: President 4�t7� Al Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Penn Township, St. Joseph County, Indiana, described in Exhibit "1" to Attachment "B" hereto and made a part hereof be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Attachment "B ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approved by the Mayor. /s /Stephen Luecke Member, Common Council A public hearing was held on the resolution at this time. David Norris, Economic Development, made the presentation for the resolution. He indicated this fiscal plan would establish provision for services to the area proposed to be an annexed. Jerry Ivacic, 2239 Topswood, spoke regarding traffic problems on Ironwood. Bob King, 1958 E. Denslow, spoke regarding the retention basin, as well as traffic problems. John Leszczynski, City Engineer, indicated that they planned to have Ironwood widened to Inwood by 1993, and the intersection would be signalized. He indicated they might take a traffic count now and put up stop signs. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. 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 on January 13, 1992 at 7:17 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 71 -91 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Mike Danch, a representative of Peirce & Assoc., made the presentation for the bill. He indicated they were requesting the of 5.3 acres of land at the intersection of Ironwood and Inwood. He indicated they would be coming back at a later date with a request to rezone the property. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 79 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE THE FIRST, SECOND, THIRD, AND FOURTH ALLEYS NORTH OF PORTAGE, LOCATED BETWEEN LELAND AVE. AND FOREST AVE.; EXCLUDING THE PORTIONS OF THE NORTH -SOUTH ALLEY BETWEEN FOREST AVE. AND LELAND AVE., WHICH INTERSECTS THE ALLEYS TO BE VACATED FOR A TOTAL DISTANCE OF APPROXIMATELY 960 FEET, AND A WIDTH OF APPROXIMATELY 12 FEET. Council Member Luecke made a motion to continue public hearing and second reading on this property until January 27, seconded by Council Member Coleman. The motion carried. BILL NO. 81 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2 -10, ADDRESSING STANDING COMMITTEES OF THE COMMON COUNCIL. Council Member Slavinskas made a motion to continue public hearing and second reading on this property until January 27, seconded by Council Member Duda. The motion carried. v BILL NO. 83 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS THROUGHOUT CHAPTER 6 OF THE MUNICIPAL CODE ENTITLED "BUILDINGS." Council Member Luecke made a motion to continue public hearing and second reading on this property until January 27, seconded by Council Member Coleman. The motion carried. BILL NO. 84 -91 A BILL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $260,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Rinard, City Auditor, made the presentation for the bill. He indicated this appropriation would be used to reduce the flooding problems associated with Bowman Creek. He indicated the funds would be used for widening the creek and for design work to improve drainage in the Chippewa Street area. Vickie Black 1218 E. Dayton and Chris Skodinski, 3221 Voll Lane, spoke in favor of the bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Ladewski. The motion carried. BILL NO. 85 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $321,707.00 FROM THE EMS CAPITAL IMPROVEMENT FUND. 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 Puzzello reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Chief Taylor made the presentation for the bill. He indicated this appropriation would be used to make the final payment on the Midi and Quint fire trucks as well as other equipment to enhance the Department. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: Jca^ `� City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:35 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8234 -92 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8235 -92 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $260,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8236 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $321,707.00 FROM THE EMS CAPITAL IMPROVEMENT FUND. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1909 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1702 WEST WASHINGTON STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR ADAMS ENGINEERING. 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 1702 W. Washington and which is more particularly described as follows: PARCEL I. A lot or parcel of land in the City of South Bend, located in the East half of the northeast quarter of section number ten (10, Township number thirty -seven (37) north, range number two (20 east, bounded by a line running as follows, viz: Beginning at a point in the South line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the south line of said West Washington Avenue thence South 208 feet; thence West 395.87 feet; thence north 208 feet to the south line of Washington Avenue, thence east along the south line of Washington Avenue a distance of 395.87 feet to the place of beginning. PARCEL II. Also, beginning at a point in the South line of West Washington Avenue 7.58 feet west from a point where the west line of College Street extended south would intersect the south line of Washington Avenue and being at the northeast corner of the above described tract; thence south along the east line of the above described tract 293.6 feet to an iron stake; thence east 19.69 feet, mor or less, to the southwest corner of a tract of land conveyed to the South Bend Wholesale Drug Company be deed recorded in Deed Record 333 page 336; thence north 293.6 feet, mor or less, to a point in the south line of West Washington Avenue 20 feet East of the place of beginning; thence West 20 feet to the place of beginning, subject, however, to a perpetual easement of right of way in common with the Grantees at all times and for all purposes over the following real estate for the use and benefit of the South Bend Drug Co., Inc.; A part of the east half (1/2) of the northeast quarter (1/4) of section ten (10), Township Thirty -seven (37) north, range two (2) east, described as follows: Beginning at a point on the south line of Washington Avenue which is 389.87 feet west of a point which is 7.58 feet west from the west line of College Street extended south to the South line of Washington Avenue; thence due south 133.5 feet; thence easterly 321.3 feet to a point 130.3 feet due south from the south line of Washington Avenue; thence in a southeasterly direction 102 feet to an iron stake, which iron stake is 208 feet due south from Washington Avenue; thence north 46.2 feet; thence in a northwesterly direction 80.3 feet to a point 100.3 feet due south from the south line of Washington Avenue; thence westerly 305.6 feet to a point due South 103.5 feet to a point on the South line of Washington Avenue which is 30 feet east of the place of beginning, thence west 30 feet to the place of beginning. with said real estate having the following Key No. 18- 02001002 and 18- 020010005, 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 six (6) 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 -23.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and by approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated that the petitioner planned to rehabilitate 5,000 square feet of its existing building to move a subsidiary company from Mishawaka to South Bend. He indicated four new jobs will be created. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes 92 -1 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1920 N. KENMORE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AQUARIUS TOOL & MOLD, INC. 92 -2 A RESOLUTION CONFIRMING THE ADOPTION RESOLUTION DESIGNATING CERTAIN AREAS SOUTH BEND, INDIANA, COMMONLY KNOWN TO BE AN ECONOMIC REVITALIZATION ARE YEAR PERSONAL PROPERTY TAX ABATEMENT TECHNOLOGIES, INC. OF A DECLARATORY WITHIN THE CITY OF 4S 3603 PROGRESS DRIVE % FOR PURPOSES OF A 5 FOR AUTOMATIC Council Member Slavinskas made a motion to continue this bill until January 27, seconded by Council Member Coleman. The motion carried. 93 -3 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC. Council Member Coleman made a motion to continue this resolution until January 27, seconded by Council Member Duda. The motion carried. RESOLUTION NO. 1910 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SOUTH BEND HOUSING AUTHORITY TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FIFTY (50) UNITS OF SECTION 8 FAMILY SELF - SUFFICIENCY CERTIFICATES AND /OR VOUCHERS. WHEREAS, the South Bend Housing Authority is the applicant for a grant from the United States Department of Housing and Urban Development; and WHEREAS, the South Bend Common Council supports the concept of Family Self- Sufficiency; and WHEREAS, the receipt of Family Self- Sufficiency Existing Certificates and /or vouchers will enable the South Bend Housing Authority to provide housing assistance to eligible families; NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,. INDIANA: SECTION I. The Common Council hereby establishes the authority of the South Bend Housing Authority to submit a grant application to the United States Department of Housing and Urban Development for funding for Section 8 Family Self-Sufficiency Existing Certificates and /or Vouchers to be used to house eligible families. SECTION II: This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s /Stephen J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this resolution and recommended it to the Council favorable. Roger Chrastil, manager of operations for the Housing Authority, made the presentation for the resolution. He indicated they had received notification from HUD that funds for fifty (50) units of Section 8 Family Self- Sufficiency Certificates. He indicated that in order to complete the application they must have a resolution passed by the Council. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1911 -92 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. STATEMENT OF PURPOSE AND INTENT: It is necessary to provide funds for the Park Maintenance Fund, Cumulative Capital Improvement Fund, and Cumulative Capital Development Fund prior to the receipt of taxes in the year 1992 in order to meet the current operating expenses of the City, provided for in the budget adopted for the year 1992. There are monies on deposit to the credit of various fund of the City, to -wit: Liability Insurance Premium & Reserve fund, and Police and Fire Pension Funds, 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. SECTION I. The City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $825,000 to various funds from various funds as listed below. The aggregate amount of $825,000 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, 1992. FROM: MAXIMUM TO: MAXIMUM Liability Insurance $225,000 Park Maintenance $500,000 Premium & Reserve Fund Fire Pension $300,000 Cumulative Capital $100,000 Improvement Fund Police Pension $300,000 Cumulative Capital $225,000 Development Fund TOTAL $825,000 $825,000 SECTION II. Such transfer shall be made for a period of time not to exceed beyond December 31, 1992 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/ Stephen J. Luecke Member of the Common Council This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Jeff Rinard, City Auditor, made the presentation for the bill. He indicated this resolution is adopted annually and allows the City to meet operating expenses prior to the spring and fall tax distribution. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1912 -92 A RESOLUTION AUTHORIZING THE CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1992 IN ACCORDANCE WITH I.C. 5- 13 -9 -1, ET SEQ., AND ALSO AUTHORIZING THE CONTROLLER TO CONDUCT THE CITY'S BUSINESS WITH FINANCIAL INSTITUTIONS THROUGH THE USE OF ELECTRONIC FUND TRANSFERS. STATEMENT OF PURPOSE AND INTENT: 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 her 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. NOW, THEREFORE, BE IT ORDAINED by the South Bend Common Council, as follows: SECTION I. That during the calendar year 1992, the Controller or her designee may invest and reinvest any idle funds of the Civil City of South Bend for such periods of time that she 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 -1, et seq. SECTION II. The Controller of the City of South Bend, or her 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 of 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, X86 REGULAR MEETING non telephone, computer of 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 her 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/ Stephen J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Jeff Rinard, City Auditor, made the presentation for the resolution. He indicated this is an annual resolution which authorizes the Controller to utilize electronic fund transfers to invest City funds. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 1 -92 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18106 IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 2 -92 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 403 EAST MADISON STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Duda made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 3 -92 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF TWYCRENHAM DR., LOCATED BETWEEN THE NORTH RIGHT -OF -WAY LINE OF WALL ST., AND THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF WALL ST., INCLUDING THE RADIUS AT THE SOUTHWEST CORNER OF THESE INTERSECTING ALLEYS, FOR A DISTANCE OF APPROXIMATELY 164.8 FEET. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on January 27, seconded by Council Member Coleman. The motion carried. BILL NO. 4 -92 FIRST READING 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. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on February 10, seconded by Council Member Coleman. The motion carried. BILL NO. 5 -92 FIRST READING ON A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on February 10, seconded by Council Member Puzzello. The motion carried. BILL NO. 6 -92 FIRST READING ON A BILL AUTHORIZING TAX ANTICIPATION TIME WARRANTS FOR 1992. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on January 27, seconded by Council Member Duda. The motion carried. BILL NO. 7 -92 FIRST READING ON A BILL TRANSFERRING $220,000 TO AN ACCOUNT WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Human Resources Committee and set it for public hearing and third reading on February 10, seconded by Council Member Duda. The motion carried. BILL NO. 8 -92 FIRST READING ON A BILL APPROPRIATING $123,000 TO AN ACCOUNT WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Human Resources Committee and set it for public hearing and third reading on February 10, seconded by Council Member Duda. The motion carried. BILL NO. 9 -92 FIRST READING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING SECTION 9 -2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED FIRE PREVENTION ORDINANCE. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Safety Committee and set it for public hearing and third reading on February 10, seconded by Council Member Washington. The motion carried. PRIVILEGE OF THE FLOOR Donald Niezgodski, 1113 N. Elliott, congratulated the Council on their elections and re- elections. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Slavinskas. The motion carried and the meeting was adjourned at 8:02 p.m. ATTEST: City Clerk APPROVED: Pres'den