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Home My WebLink About01-11-88 Council Meeting MinutesREGULAR MEETING JANUARY 11, 1988 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 11, 1988, 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, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, Voorde 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 21, 1987, and January 4, 1988 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Puzzello made a motion that the minutes of the December 21, 1987, and January 4, 1988, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Puzzello made a motion to reappoint Roman Piasecki and Sandy Combs as Redevelopment Commissioners, seconded by Council Member Zakrzewski. The motion carried. Council Member Slavinskas made a motion to appoint Douglas Carpenter as a member of the Area Plan Commission, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 11, 1988, at 7:03 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 100 -87 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. At the request of the Petitioner Council Member Puzzello made a motion to strike this bill from the agenda, seconded by Council Member Coleman. The motion carried. BILL NO. 101 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MIAMI ROAD AND JACKSON ROAD 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 Voorde made a motion to accept the substitute bill on file with the City Clerk's Office, seconded by Council Member Puzzello. The motion carried. Kevin Joyce, Area Plan, gave staff report, which was unfavorable. Mike Danch, Pierce & Associates made the presentation for the bill. He indicated the original proposal was to rezone 22 acres to C Commercial, but due to concerns of the residents they are reducing the proposal to 1 acre. He indicated that they were planning to build a bank or financial institution. He indicated that the closest family dwelling is at least several hundred feet from this project, so this rezoning would not effect property value. He indicated that this intersection would have a traffic light installed sometime this year. He indicated that there are plans to widen Miami Rd. to 4 lanes from Kern Rd. to Jackson Rd., and five lanes from Jackson Rd. to Ireland Rd. Jerry Udjak, 5240 S. Miami, indicated that there are approximately 1100 homes in this area, making this area definitely residential. He indicated that there is a small apartment complex in the area. He indicated that zoning for a bank would be "spot zoning ". He also indicated that the bypass would be a good place for the commercial to stop. He indicated that the Area Plan Commission gave a negative vote, he asked the Council to do the same. Raymond Lentych, 1211 Fairfax, spoke about the traffic that would be generated by putting a bank in the area. Gust Saros, 5314 S. Miami, he indicated that there is no need for another bank in this area. Stephanie Lane, 60035 S. Fellows, spoke opposed to this bill, because of the traffic problem in the area. Council Member Soderberg disqualified himself from voting on this bill, since he is related to one of the developers. Council Members Slavinskas indicated it is in the best interest of the neighborhood that the Council vote against this rezoning. Council Member Slavinskas recommend this bill go to the Council unfavorably, as amended, seconded by Council Member Duda. 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mauiS auuvAvN ZSVH 6TT - STT IV aSIVO0'I 2ZIUHWHa HOa SONVNICPdO JNINOZ HHZ JNIQNaKV =9 V L8 -VTT 'ON =9 . , ., Ep ORDINANCE NO. 7847 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BE THE INCLUSION OF NEW SECTION 2 -124 ENTITLED "RETIRING POLICE OFFICERS AND SERVICE REVOLVERS." This bill had second reading. Council Member Zakrzewski 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 Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Niezgodski. The bill passed by a roll call vote of five ayes and 4 nays (Soderberg, Slavinskas, Coleman, Duda).. RESOLUTIONS 88 -3 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS SOUTHWEST CORNER OF BENDIX DRIVE AND SUGAR MAPLE LANE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. Council Member Zakrzewski made a motion to continue public hearing on this resolution to January 25, 1988, seconded by Council Member Luecke. The motion carried. RESOLUTION NO. 1585 -88 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 Corporation General, Park Maintenance, Police Pension and Fire Pension, Discovery Hall and Cumulative Capital Improvement Fund prior to the receipt of taxes in the year 1988 in order to meet the current operating expenses of the City, provided for in the budget adopted for the year 1988. There are monies on deposit to the credit of various funds of the City, to wit: Cumulative Sewer Building and Sinking, Sewage Works Depreciation, Sewage Works Operating, Sewage Works Insurance Fund, Water Works Operating, Sewers Repair, and Tax Incremental Financing Bond Proceeds 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 an aggregate amount not to exceed $4,030,000.00 to various as listed below. The aggregate amount of $4,030,000.00 to to exceed at any one time the maximum amounts as set forth transfers made must be repaid by December 31, 1988. FROM: MAXIMUM Cumulative Sewer Building and Sinking Fund $ 200,000 S/B Clay Sewer Wks Fund 50,000 Liability Insurance Premium & Reserve Fund 700,000 Local Roads and Streets 900,000 Water Works Meter Fund 400,000 T.I.F. Bond Proceeds 1,780,000 $4,030,000 TO: Corporation General Police Pension Fund Cumulative Capital Improvement Fund Discovery Hall Fire Pension is authorized to transfer funds from various funds be distributed so as not below. Any such MAXIMUM $3,000,000 200,000 80,000 150,000 200,000 Park Maintenance Fund 400,000 $4,030,000 SECTION II. Such transfer shall be made for a period of time not to extend beyond December 31, 1988 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/ John Voorde Member of the Common Council a� A public hearing was held on the resolution at this time. Katherine Humphreys, Controller, indicated this resolution is filed every year to transfer idle funds in order to invest with local banks to earn interest. 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 9 ayes. RESOLUTION NO. 1586 -88 A RESOLUTION AUTHORIZING THE CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1988 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. 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 1988, 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 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 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/ John Voorde Member of the Common Council Public hearing was held on the resolution at this time. Katherine Humphreys, Controller, indicated this resolutions allows her to invest idle funds with local banks. She indicated they were able to earn $181,603 in 1987 by investing these funds. 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. BILLS FIRST READING BILL NO. 1 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1305 S. MARIETTA IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. BILL NO. 2 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED DIRECTLY EAST AND NORTHEAST OF THE JAMISON INN IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. UNFINISHED BUSINESS Council Member Puzzello made a motion to set Bill No. 138 -87 for public hearing and second reading January 25, 1988 and refer to the Zoning & Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Ralph Johnson, 734 N. Cushing, ask the Council to pass a resolution against local measured service. Joe Guentert, 3510 Corby, spoke regarding the Waste Water Treatment Plant and its problems. Ken Donnelly, 2605 Fredrickson, spoke regarding the crime problem in the City. There being no further business to come before the Council, unfinished or new, Council Member Zakrzewski made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 8:26 p.m. ATTEST: City Clerk APPROVED: Pr+'n