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HomeMy WebLinkAbout01-09-89 Council Meeting Minutes444 REGULAR MEETING JANUARY 9, 1989 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 9, 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 and 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 12, December 21 and January 2 meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the December 12, December 21 and January 2, meetings of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Niezgodski made a motion to appoint Louise Hubbard to the Human Rights Commission, seconded by Council Member Coleman. The motion carried. Council Member Voorde announced that Council Member Zakrzewski would be the Council's representative to MACOG. 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 9, at 7:10 p.m., with nine members present. Chairman Luecke presiding. BILL NO. 93 -88 A BILL AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "LICENSES," TO ADD SECTION 4 -20.5, ENTITLED "VEHICLE REMOVAL SERVICE." 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 indicated that the Personnel and Finance Committee had met on this bill and recommended the substitute bill to the Council favorably. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Patricia DeClercq, Director of Code Enforcement, made the presentation for the bill. She indicated this substitute bill was a cumulation of efforts by the Council and representatives of the towing companies. She indicated this bill requires signage be visible at night; a receipt for all services performed be issued; requires a vehicle removal service to charge only those charges indicated on the schedule of fees filed with the Board of Public Works. Nancy Zyrokowski, 17710 Judy Lake Road, spoke in favor of this bill. Ken Donnelly, 2605 Frederickson St., spoke in favor of the bill. Council Member Puzzello made a motion to amend the bill in subsection g, paragraph 4, 4th line, add "and time ", so it reads "said receipt to indicate date and time service(s) rendered ", seconded by Council Member Voorde. The motion carried. Council Member Voorde made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Niezgodski. The motion carried. BILL NO. 94 -88 A BILL AMENDING CHAPTER 9, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS "SMOKE DETECTORS IN MULTIPLE DWELLING UNITS AND RENTAL UNITS." 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 Soderberg indicated the Public Safety Committee had met on this bill and recommended it to the Council favorably, as amended. Kathleen Cekanski - Farrand read the amendments to the bill, on file with the City Clerk. Council Member Zakrzewski made a motion to accept the substitute bill, seconded by Council Member Coleman. The motion carried. Council Member Soderberg made the presentation for the bill. He indicated this bill requires the installation of smoke detectors in newly build homes, as well as homes that are being remodeled. He indicated the bill covers rental units as well as non - rental units. He indicted this is the first step in public awareness. Jenny Pitts Manier, Assistant City Attorney, indicated Chief Taylor and assistant Chief Prawat could not be here tonight, but they are in favor of this bill. Richard Nussbaum, City Attorney, spoke in favor of this bill. Joseph Guentert, 3510 Corby, spoke against passing legislation that is not enforceable. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Zakrzewski. The motion carried. 445 There being no further business to come before the Committee of the Whole, Council Member Zakrzewski made a motion to rise and report to the Council, seconded by Council Member Soderberg. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council the Council Chambers on the fourth floor Council President Puzzello presiding and ATTEST: n�1 Chairman of the City of South Bend reconvened in of the County -City Building at 7:50 p.m. nine members present. BILLS, SECOND READING ORDINANCE NO. 7955 -89 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "LICENSES," TO ADD SECTION 4 -20.5, ENTITLED "VEHICLE REMOVAL SERVICE." 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 this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7956 -89 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS "SMOKE DETECTORS IN MULTIPLE DWELLING UNITS AND RENTAL UNITS." 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 Voorde. The motion carried. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1685 -8 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3615 MCGILL AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KCP PRINTING CO. WHEREAS, a petition for personal property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3615 McGill, South Bend, Indiana, and which is more particularly described as follows: A PART of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, of the City of South Bend, German Township, St. Joseph County, Indiana, and described as follows: COMMENCING at the Northeast corner of said Section 28; thence South 89048'05" West along the North line of said Quarter Section, 1305.00 feet, thence South OOo00123" West along the centerline of Kenmore Street and McGill Street; thence South 80 059137" West along the centerline of McGill Street, 303.50 feet; thence North 89 059137" West along said centerline, 270.66 feet to the point of beginning; thence continuing North 89059137" West, 523.23 feet; thence North OOo02141" East, 399.78 feet; thence South 89048105" West, 522.97 feet; thence South OOo00123" West, 401.65 feet to the Point of beginning, and containing 4.812 acres, more or less, and is subject to all easements, restrictions, and or limitations of record. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76 et seq.; 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. seq. and South Bend Municipal Code section 2 -76, et. seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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. EM NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That 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 redevelopment or rehabilitation; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth in sections I through II of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee had met on this resolution and recommended it to the Council favorably. Bill Derrah, a representative of the Business Development Corp., made the presentation for the resolution. He indicated KCP planned to purchase a printing press for the production of gift wrapping paper. He indicated 33 jobs will be created. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1686 -8 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3615 MCGILL, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR BUSINESS DEVELOPMENT CORPORATION. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3615 McGill, South Bend, Indiana, and which is more particularly described as follows: A PART of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, of the City of South Bend, German Township, St. Joseph County, Indiana, and described as follows: T M GU AR MEETSNG 7ANTJARY-9,__l-98.9 COMMENCING at the Northeast corner of said Section 28; thence South 89048'05" West along the North line of said Quarter Section, 1305.00 feet, thence South OOo00'23" West along the centerline of Kenmore Street and McGill Street; thence South 80 059'37" West along the centerline of McGill Street, 303.50 feet; thence North 89 059137" West along said centerline, 270.66 feet to the point of beginning; thence continuing North 89059137" West, 523.23 feet; thence North OOo02'41" East, 399.78 feet; thence South 89048105" West, 522.97 feet; thence South OOo0012311 West, 401.65 feet to the Point of beginning, and containing 4.812 acres, more or less, and is subject to all easements, restrictions, and or limitations of record. be designated as an Economic Revitalization Area under the Provisions of Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76 et seq; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That 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 redevelopment or rehabilitation7 D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth in sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee had met on this resolution and recommended it favorably. Bill Derrah of the Business Development Corp., indicated they planned to build a facility that will be leased to KCP Printing. 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. RESOLUTION NO. 1687 -8 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1217 SOUTH k WALNUT, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KOKOKU WIRE INDUSTRIES CORPORATION. WHEREAS, a petition for personal property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1217 S. Walnut, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range 2 East bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of South line of Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South Oo00149" East along said West line of Walnut Street 479.91 feet; thence South 89054112" West, 725.03 feet; thence South 61054112" West, 42.91 feet; thence South 89023132" West, 437.13 feet; thence North Oo00149" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89055105" East, 1200 feet to the place of beginning. be designated as an Economic Revitalization Area under the Provisions of Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76 et seq; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That 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 redevelopment or rehabilitation? D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth in sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. IV M /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee had met on this resolution and recommended it to the Council favorably. Mitsuo Enomoto, President of Kokoku, made the presentation for the resolution. He indicated they planned to purchase additional machinery in order to increase their production. Kevin Hughes, a representative of Project Future, spoke in favor of this resolution. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. 89 -3 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 113 EAST WAYNE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR 113 EAST WAYNE STREET. Council Member Luecke made a motion to continue this resolution indefinitely, seconded by Council Member Voorde. The motion carried. RESOLUTION NO. 1688 -8 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2741 N. FOUNDATION DR. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR THE KANCZUZEWSKI ENTERPRISE LIMITED PARTNERSHIP 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 2741 N. Foundation and which is more particularly described as follows: Situated in St. Joseph County, in the state of Indiana: A parcel of land in the southwest quarter of Section 38, Township 38 North, range 3, east, St. Joseph County, Indiana, more particularly described as follows: Commencing at the southeast corner of said quarter section; thence south 89 degrees 57 minutes 33 seconds west 171.27 feet along the south line of said section; thence north 0 degrees 00 minutes 47 seconds east 210.80 feet; thence North 89 degrees 59 minutes 13 seconds west 40.00 feet to the point of beginning of this description; thence North 89 degrees 59 minutes 13 seconds west 450.00 feet; thence north 0 degrees 00 minutes 47 seconds east 290.40 feet; thence south 89 degrees 59 minutes 13 seconds east 450.00 feet; thence south 0 degrees 99 minutes 47 seconds west 290.40 feet to the point of beginning. Said 47 seconds west 290.40 feet to the point of beginning. Said parcel being known as Lot 3 -8 Airport Industrial Park Phase III 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 has held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council 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 purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of the 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 deduction for a period of six (6) years. 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/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Leonard Kanczuzewski, general partner, made the presentation for the resolution. He indicated their current facility is now large enough for them to accept new business, therefore it is necessary to add on to the current facility. Council Member Coleman made a motion to adopt this resolution, s, was adopted by a roll call vote of RESOLUTION NO. 1689 -8 A RES, IDLE VARIO' CITY STATEMENT OF PURPOSE AND conded by Council Member Duda. The resolution nine ayes. LUTION AUTHORIZING THE TEMPORARY TRANSFER OF ;UNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM S FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL F SOUTH BEND, INDIANA. It is necessary to provide fun s 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 1989 in order to meet the current operating expenses of the City, pr vided for in the budget adopted for the year 1989. There are monies on deposit to the credit of various funds of the City, to wit: Cumulative Sewer Building an Sinking, Sewage Works Depreciation, Sewage Works Operating, Sewage Works Insu ance 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 authorize Bend, by Resolution adopted by suck fund from any other such fund such prescribed in the Resolution. NOW, THEREFORE, BE IT ORDAINED Indiana as follows: s the Common Council of the Civil City of South Council, to advance and transfer to a depleted amount and for such a period of time as may be by the Common Council of the City of South Bend, SECTION I. The City Controllet of the City of South Bend is authorized to transfer an aggregate amount not t exceed $2,850,000.00 to various funds from various funds as listed below. Th aggregate amount of $2,850,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made mu 4t be repaid by December 31, 1989. FROM; MAXIM1TM TO MAXIMUM Cumulative Sewer Building and Sinking Fund 200,000 Corporation General 2,000,000 S/B Clay Sewer Wks Fund 50,000 Police Pension Fund 200,000 Liability Insurance Cumulative Capital Premium & Reserve Fund 800,0 0 Improvement Fund 50,000 Local Roads and Streets 500,0)0 Discovery Hall 100,000 Water Works Meter Fund 400,0)0 Fire Pension 200,000 T.I.F. Bond Proceeds 900,0)0 Park Maintenance Fund 300,000 $2,850,0)0 $2,850,000 SECTION II. Such transfer sh beyond December 31, 1989 and such repaid to the original funds from SECTION III. This Resolution its passage by the Common Council A public hearing was held on the indicated the Personnel and Fina . recommended it to the Council fa the presentation for the resolut allow the controller's office to of the City. Council Member Col seconded by Council Member Niezg vote of nine ayes. RESOLUTION NO. 1690 -8 A STATEMENT OF PURPOSE AND There are certain idle funds invested for periods of without of the city. be made for a period of time not to exceed ds to be transferred shall be returned and ch they were transferred. 1 be in full force and effect from and after approval by the Mayor. /s/ Ann Puzzello Member of the Common Council solution at this time. Council Member Voorde Committee had met on this resolution and ably. John Leisenring, Deputy Controller, made He indicated this bill is filed annually to ke temporary loans internally to different funds n made a motion to adopt this resolution, ki. The resolution was adopted by a roll call ION AUTHORIZING THE CONTROLLER TO INVEST AND CERTAIN IDLE FUNDS DURING THE YEAR 1989 IN E WITH IC. 5- 13 -9 -1, ET SEQ., AND ALSO NG THE CONTROLLER TO CONDUCT THE CITY'S WITH FINANCIAL INSTITUTIONS THROUGH THE USE ONIC FUND TRANSFERS the Civil City of South Bend which may be cting the operating of the various departments -REGULAR - MEETING JANUARY -9,, — 9 =— a -— - - - - -- -- -- - -- - - -- ---- - - - - -- --- - - - -r- 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 Common Council, as follows: SECTION I. That during the calendar year 1989, the Controller or her designee may invest and reinvest any idle funds of the Civil City of South Ben 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 fund 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. The 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 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/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. John Leisenring, Deputy Controller, made the presentation for the resolution. He indicated this allows the Controller to invest idle funds to earn interest. Joseph Guentert, 3510 Corby, indicated he hoped there was a paper trail on the electric transfers. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 1 -89 A BILL APPROPRIATING $10,300.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR PURPOSE OF COMPLETION OF THE NEW SOUND SYSTEM, PURCHASE OF NEW MICROPHONES, PURCHASE OF A NEW CYCLORAMA AND PURCHASE OF NEW DOORS FOR LOADING AREA BACKSTAGE AT THE MORRIS CIVIC AUDITORIUM. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing January 23, and refer it to the Personnel and Finance Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 2 -89 A BILL APPROPRIATING $50,000.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SECRETARY'S DISCRETIONARY FUND FOR THE PURPOSE OF ASSISTING IN THE EXPANSION OF THE LASALLE PARK DISTRICT COUNCIL CHILD CARE FACILITY. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing January 23, and refer it to the Human Resources Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 3 -89 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 bill had first reading. Coun for second reading and public hear Finance Committee, seconded by Cou UNFINISHED BUSINESS Reports from Area Plan: Member Coleman made a motion to set this bill January 23, and refer it to the Personnel and Member Coleman. The motion carried. Amend Code - Controlled Use - B 11 No. 104 -88 Rezone Sample & Mayflower - Bil No. 107 -88 Amend Code - Development Design Review - Bill No. 110 -88 Rezone Miami & Kern - Bi11 No. 20 -88 Council Member Niezgodski made a mo second reading January 23, and refer seconded by Council Member Coleman. ORDINANCES TO STRIKE BILL NO. 104 -85 127 -85 2 -87 67 -87 73 -87 75 -87 86 -87 94 -87 70 -88 88 -88 on to set these bills for public hearing and them to the Zoning and Vacation Committee, The motion carried. Satellite Dish Antennae - �iled 8/14/85 Continued by Council Target Area - Elm St. - filed 10/23/85 Continued by Council Alley Vacation Dubail - filed 1/8/87 Withdrawn by Petitioner Leaf Burning - filed 6/22/87 Continued by Council Street Vacation Scott - filed 7/22/87 " It it Rezone 1314 W. Washington - filed 8/5/87 Continued By Council Rezone Niles & Corby - filed 8/9/87 Withdrawn by Petitioner Rezone - 3814 LWW - filed 9/9/87 " Rezone 1613 Chapin - filed 8/3/87 " Rezone 2210 Wilson - filed 10/5/88 " Council Member Voorde made a motion to strike these bills, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Ralph Johnson, 734 N. Cushing, spoke regarding angle parking in front of downtown Osco's. Joseph Guentert 3510 Corby spoke regarding parking on Niles Avenue. Ken Donnelly, 2605 Frederickson, representing Indiana Greyhound Association of Indiana, spoke regarding parimutual wagering. There being no further business to come before the Council, unfinished or new, Council Member Soderberg made a motion to adjourn, seconded by Council Member Niezgodski. The motion carried and the meeting was adjourned at 8:30 p.m. ATTEST: City Clerk APPROVED: i