10-26-87 Council Meeting Minutes

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u and a member of the Human Rights Commission, spoke in favor of this bill. Carl Ellison, interim president of the Urban League, read the following into the record: "Members of the Council. My name is Carl Ellison, I live at 1740 Hass Drive. I am pleased to rise in support of the Affirmative Action Ordinance before you in my capacity as the interim president of the Urban League of South Bend and Saint Joseph County. The Affirmative Action Ordinance has been skillfully crafted to accomplish appropriate public purposes without imposing an undue burden on City departments and agencies. Essentially, the ordinance merely requires the components of City government to know where they stand with respect to the employment of covered individuals and with respect to contracting results relative to these interest groups. Logically, the ordinance then provides a reasonably methodology to allow departments and agencies to take incremental steps to mitigate, overtime, deficient conditions in work force representation and contracting results. Accordingly, the Urban League requests that the Common Council unanimously adopt the affirmative action ordinance for these reasons and the following additional ones: 1) The ordinance further affirms City commitment to include disadvantaged groups in municipal administration. 2) The ordinance recognizes the inherent value to the City as a whole of encouraging minority business enterprise formation, development and growth through assuring equal opportunity to compete for and perform contracts for goods and services. 3) The ordinance evidences City desire to continue to play a leadership role in reflecting and demonstrating that the door of opportunity shall remain firmly open for all of our citizens. 4) The ordinance is timely as examination of work force profile and contracting results confirm that minorities remain under represented in many categories of work and contracting. Thus, existing performance in these areas provides sufficient evidence of need for the ordinance to stimulate further progress. Finally, 5) The ordinance takes nothing away from the majority sector of the population. Indeed, the ordinance merely calls for a little additional rational effort to insure that historic barriers to minority penetration of the work force at all levels, and to minority receipt of City contracts, are removed so that minorities have a full and fair chance to experience that portion of the Anerican dream we all cherish - -the ability to compete for a fair share of the pie. Members of the Common Council, I invested several years of life in City government service. I can think of no single piece of legislation that has come before you that is more significant than this one. I request your unanimous adoption of this ordinance as it is the right thing to do. Rhoda Bradshaw, co- chairman of NOW, indicated this bill was long overdue, but she wanted to know who was going to implement and enforce this if it is passed. Roger Volker, 1242 Woodward, spoke in favor of this bill. Ralph Mullins, president of the local chapter of the NAACP, said the bill benefits women and other minorities as well as blacks. Ginny Burns, 54125 Maple Lane, representing the Women's International League for Peace and Freedom, spoke in favor of this bill. Council Member Barcome made a motion to recess, seconded by Council Member Zakrzewski. The motion carried and the meeting was recessed at 7:55 p.m., and reconvened at 8:05 p.m. Council Member Voorde indicated he felt there were two many unanswered questions regarding implementation. He made a motion to continue public hearing on this bill until the next meeting, seconded by Council Member Zakrzewski. The motion failed on a roll call vote of two ayes (Council Members Zakrzewski and Voorde) and seven nays. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried on a roll call vote of eight ayes and one nay (Council Member Voorde.) BILL NO. 104 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 5, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAY AND PUBLIC PLACES" This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Attorney, Kathleen Cekanski - Farrand, indicated the bill should be amended in Section 18 -53.8 by making the last paragraph (5) and adding a new paragraph (c) to read: "If the petitioner is the City of South Bend or a Department or Bureau thereof, and if the appraised value is one hundred dollars ($100.00) or more, the requirement to pay the amount of the fair market value of the real estate in question shall be waived." Council Member Voorde made a motion to accept the amendment, seconded by Council Member Beck. The motion carried. Council Members Barcome and Serge made the presentation for the bill. Council Member Barcome indicated over the past several months many taxpayers questioned why the City does not receive a neutral appraisal on such properties as well as the fair market value when approving such vacations. He indicated this bill would require that the petitioner present at the time of filing a written appraisal report showing the fair market value of the property. He indicated this approved the ordinance would require that those properties appraised to be one hundred dollars or more, the petitioner would pay the City the fair market value, as well as the cost for legal advertising and recording, in addition to the appraisal. He indicated that if the property is appraised less than one hundred