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REGULAR. MEETING - -_ _ - -- _ - - __ -- ___ MAY 14, 1984 <br />As some of you know in detail, MARY LAURA BROOKINS and others filed suit against the €' <br />SOUTH BEND COMMUNITY SCHOOL CORPORATION and others on September 8, 1981, alleging <br />that the Defendants were wastefully and with constructive fraud removing schools <br />from service and inter - system, program of racial discrimination, steering and locking <br />in separation of the races by means of school closings. The complaint intervention <br />over the Plaintiffs' objection, intervention was denied in September 1982, without <br />an evidentiary hearing or review of tendered exhibits, the denial was sustained by <br />the Seventy Circuit in the Summer of 1983 (the Court saying, "the appellants could <br />if they had wanted prosecute their own suit against the school board "), the petition <br />for writ of certiorari was denied on April 2, 1984. <br />As some of you known better than I, there has been a significant history of racially as <br />motivated pressure for the elimination of educational services from Central High <br />School, whether as a building or as an institution, perhaps in remarkable contrast <br />to the history of Joliet, Illinois. Moreover, as you can see from the attached map` <br />and key together with relevant s' <br />y g pages fromt he SWANN decision, the Central facility ¢ <br />is a significant element of the fact pattern of the previous suit. <br />In that the Seventh Circuit was clear in its invitation to the Plaintiffs to " proscute, <br />their own suit agains the school board" and in that various potential Plaintiffs <br />with standing have asked me to proceed, this time including MISHAWAKA and PENN HARRIS ?' <br />MADISON school systems, on behalf of the potential Plaintiffs, I mean to give you <br />actual knowledge of the allegeable unconstitutional character of further steps to <br />remove Central from educational function and of the wide powers of the Federal Court <br />in remedying racial discrimination. <br />David W. Albert <br />Council Member Voorde made a motion to recommended this bill to the Council favorable, <br />as amended, seconded by Council Member Crone. The motion carried. <br />BILL NO. 23 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY <br />KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, <br />INDIANA (CHAPTER 21, MUNICIPAL CODE) (3921 W. WESTERN.) <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Council Member Crone made a F' <br />motion to accept the substitute bill on file with the City Clerk, seconded by Council <br />Member Voorde. The motion carried. Larry Magliozzi, of Area Plan, gave the Area ;. <br />Plan Commission report, which was favorable. Sylvester Kluzczinski, the petitioner, A@ <br />made the presentation for the bill. He indicated they were requesting this rezoning <br />in order to expand their facility, which manufactures premolded plastic parts used <br />in production for automotive, computer, etc. He indicated they planned to increase <br />their personnel to fifty employees this year. Richard Van Paris, 503 S. Edison, <br />spoke in favor of this rezoning. Council Member Beck made a motion to recommend <br />this bill to the Council favorable, as amended, seconded by Council Member Taylor. <br />The motion carried. <br />BILL NO. 48 -84 A BILL TRANSFERRING $390,000.00 BETWEEN ACCOUNTS WITHIN THE <br />DIVISION OF COMMUNITY DEVELOPMENT. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Colleen Rosenfeld, Director of <br />Community Development, made the presentation for the bill. She indicated this bill <br />should be amended by adding A/R Inc., to Economic Development Capital Fund. Council <br />Member Crone made a motion to accept the amendment, seconded by Council Member Paszak. <br />The motion carried. Mrs. Rosenfeld indicated this appropriation would be used for <br />an industrial attraction project. Council Member Voorde made a motion to recommend <br />this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. <br />The motion carried. <br />BILL NO. 49 -84 A BILL TRANSFERRING $299,918.00 BETWEEN ACCOUNTS, THE ACCOUNTS <br />BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Colleen Rosenfeld, Director of <br />Community Development, indicated that the purpose of this transfer was to allow the <br />CDBG -Jobs Bill funds,, which must be spent or obligated by December 31, 1984, to be <br />used for a construction project that will be underway prior to to expenditure deadline. <br />She indicated this transfer would ensure that the Western Avenue Commercial Rehabilitation <br />Program could be carried out effectively and efficiently after due consideration by <br />the Western Avenue Task Force without a HUD inposed deadline. Council Member Taylor <br />made a motion to recommend this bill to the Council favorable, seconded by Council <br />Member Braboy. The motion carried. <br />BILL NO. 52 -84 <br />A BILL APPROVING A CONTRACT BETWEEN PEERLESS - MIDWEST, INC., <br />AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE AMOUNT OF <br />$271,617.00 FOR THE CONSTRUCTION OF THE NORTHWEST WELL <br />FIELD ON CLEVELAND ROAD. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Al Jacobs, Director of the <br />Water Works, made the presentation for the bill. He indicated this appropriation <br />would be used for the construction of the northwest well field on Cleveland Road. <br />1 <br />J <br />1 <br />1 <br />1 <br />