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HomeMy WebLinkAbout08-01-93 Council Meeting Minutes5 SPECIAL MEETING AUGUST 1. 1993 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Sunday, August 1, 1993, at 9:30 p.m. The meeting was called to order and the Pledge to the Flag was given. Pursuant to South Bend Municipal Code Section 2 -5, I, Joseph E. Kernan, Mayor of the City of South Bend, Indiana, hereby call a Special Meeting of the Common Council of the City of South Bend, Indiana. I further call this Special Common Council meeting pursuant to Indiana Code Section 5- 14 -1.5 -5 (d), and declare that an emergency with the potential disruption of governmental activity may take place without such a meeting being held. This Special Meeting shall be held Sunday, August 1, 1993, at 9:30 p.m. in the Council Chambers, 4th Floor County -City Building. The purpose of this Special Meeting is to have first, second and third readings and formal public hearing on: Bill No. 96 -93 An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Substitute Bill No. 59 -93, Fixing the Annual Pay and Monetary Fringe Benefits of Firefighters of the South Bend Fire Department for Calendar Years 1994, 1995 and 1996 Signed by me, Joseph E. Kernan, Mayor of the City of South Bend, Indiana this 1st Day of August 1993. /s/ Joseph E. Kernan JOSEPH E. KERNAN, Mayor ATTEST: State of Indiana ) SS: County of St. Joseph) 1, Kathleen Cekanski - Farrand, Common Council Attorney, and Notary Public in the State of Indiana, hereby acknowledge that Joseph E. Kernan, Mayor of the City of South Bend, Indiana, signed the above call of Special Meeting of the South Bend Common Council this 1st day of August, 1993. /s/ Kathleen Cekanski - Farrand Notary Public residing in St. Joseph County Indiana My Commission Expires: October 6, 1995 SPECIAL NOTICE OF SERVICE OF THE CALL OF THE SPECIAL MEETING OF THE SOUTH BEND COMMON COUNCIL. I, Joseph E. Kernan, Mayor of the City of South Bend, Indiana, pursuant to South Bend Municipal Code Section 2 -5, hereby direct the Chief of Police of the South Bend Police Department to deliver a notarized copy of the foregoing Call of Special Meeting of the Common Council of the City of South Bend, Indiana, to the members of the South Bend Common Council, a copy of the nine (9) members of said Council and each of their legal residences is hereby attached, and also to the members of the news media, a copy of the listing of the news media and their respective business addresses is also hereby attached. I direct this Notice to take place forthwith. Signed and directed this 1st day of August, 1993. /s/ Joseph E. Kernan JOSEPH E. KERNAN, Mayor Attest: /s/ Kathleen Cekanski - Farrand Council Attorney Listing of News Media The South Bend Tribune 225 W. Colfax Ave. South Bend IN 46601 Official Receiving Notice William Piatkowski, Security WAMJ Talk Radio 1580 1129 Hickory Road Mishawaka IN 46645 Official receiving Notice Sean Burns WNDU Stations 54516 Business 31 N South Bend IN 46637 Official Receiving Notice LaVanda Carr WNIT Television /Channel 34 2300 Charger Blvd. Elkhart IN 46515 REGULAR �s'l With said real estate having the following Key No. 18302400883 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 three (3) 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 -12.1 et se<L._ 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 /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 bill. He indicated Ziker was building an addition to their present facility, and adding state -of- the -art equipment. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of seven ayes. BILLS. FIRST READING BILL NO. 61 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $10,000.00 TO VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY DEVELOPMENT OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reding on August 9, and refer it to the Human Resources Committee, seconded by Council Member Duda. The motion carried. BILL NO. 62 -93 A BILL TRANSFERRING $281,565 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on August 9, and refer it to the Human Resources Committee, seconded by Council Member Duda. The motion carried. BILL NO. 63 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $154,000 FROM THE EMS CAPITAL IMPROVEMENT (EMS FUND #288) This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on August 9, and refer it to the Public Safety Committee, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill Nos. 45, 47, 48, 49, 50 -93 for public hearing and third reading on August 9, and refer them to the Zoning and Vacation Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR James Cierzniak spoke regarding the Football Hall of Fame. 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 Duda. The motion carried and the meeting was adjourned at 7:35 p.m. ATTEST; ATTEST: City Clerk President SPECIAL MEETING Official Receiving Notice Left on door WNSN -FM Sunny 101 -5 300 W. Jefferson Blvd. South Bend IN 46601 Left on Jefferson Door WRBR FM Radio 6910 Gumwood Road Granger IN 46530 Official Receiving Notice Beth Chape WSBT -960 AM Stero _ WSBT -TV -22 300 W. Jefferson Blvd. South Bend IN 46601 Official Receiving Notice left on Jefferson Door WSJV -TV -28 58096 Co. Rd. 7S Elkhart IN 46515 official Receiving Notice Cheryl Adams I, Darrell R. Grabner, a that a Notarized Copy of meeting of the South Bend Bend Common Council were Council Members and the 1993. AUGUST 1, 1993 member of the South Bend Police Department hereby verify the Special Notice of Service of the call of the Special Common Council and the Call of Special Meeting of the South duly delivered and served by me to the South Bend common Listing of News Media as so listed this 1st day of August /s/ Capt. Darrel R. Grabner #250 (Rank, Name and Badge No. SBPD) South Bend Common Council Members 1st District Steve Luecke ayor Kernan indicated he had called this meeting to consider the amendment to the irefighters salary ordinance passed on July 29. A Call of Special Meeting of the outh Bend Common Council was delivered by all members of the Council. Kathleen ekanski - Farrand, Council Attorney, indicated that normally a 72 hour notice was equired for a special meeting under the Sunshine Law. However, under State law here is a provision were the mayor can declare an emergency with the potential isruption of governmental activity. Darrel Grabner, South Bend Police Department, ndicated he had delivered the Call to the home of each of the Council members, those hat were home signed for the Call and if there were not at home it was left on their nor. Kathleen Cekanski- Farrand indicated each of the Council members were notified ir phone of the meeting. Upon hearing the presentation on the need for this special aeting and the procedures followed in calling it, Council President Luecke declared nat this is a lawful meeting. Present: Council Members Luecke, Washington, Kelly, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: Council Member Puzzello or Kernan thanked everyone for coming this evening. He indicated there was an osed deadline of August 2, for the firefighters salaries. He indicated there had n meetings regarding the problem and hopefully an agreement has been reached that 1 be ratified. He requested that the Council grant a suspension of rules in order have first, second and third reading on the amendment. Council Member Coleman e a motion to have first reading, public hearing and third reading on Bill No.96- 810 Leland Not home left on door 2nd District Cleo Washington 520 W. Wayne St. Not home left on door 3rd District Roland Kelly 1325 E. Wayne /s/ Roland Kelly 4th District Ann Puzzello 1247 E. LaSalle Not home left on door 5th District Linas Slavinskas /i/ DL 5703 Bridgeton 6th District Thomas Zakrzewski /i /TZ 5035 Sunnyfield AT LARGE Sean Coleman 4319 Foxfire /s/ Sean Coleman 4T LARGE Loretta Duda 1057 Johnson Rd. /i/ LD kT LARGE Eugene Ladewski 1430 E. LaSalle Not home left on door ayor Kernan indicated he had called this meeting to consider the amendment to the irefighters salary ordinance passed on July 29. A Call of Special Meeting of the outh Bend Common Council was delivered by all members of the Council. Kathleen ekanski - Farrand, Council Attorney, indicated that normally a 72 hour notice was equired for a special meeting under the Sunshine Law. However, under State law here is a provision were the mayor can declare an emergency with the potential isruption of governmental activity. Darrel Grabner, South Bend Police Department, ndicated he had delivered the Call to the home of each of the Council members, those hat were home signed for the Call and if there were not at home it was left on their nor. Kathleen Cekanski- Farrand indicated each of the Council members were notified ir phone of the meeting. Upon hearing the presentation on the need for this special aeting and the procedures followed in calling it, Council President Luecke declared nat this is a lawful meeting. Present: Council Members Luecke, Washington, Kelly, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: Council Member Puzzello or Kernan thanked everyone for coming this evening. He indicated there was an osed deadline of August 2, for the firefighters salaries. He indicated there had n meetings regarding the problem and hopefully an agreement has been reached that 1 be ratified. He requested that the Council grant a suspension of rules in order have first, second and third reading on the amendment. Council Member Coleman e a motion to have first reading, public hearing and third reading on Bill No.96- C; `_, SPECIAL MEETING AUGUST 1, 1993 93, seconded by Council Member Ladewski. The motion carried on a roll call vote of eight ayes. BILL NO. 96 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SUBSTITUTE BILL NO. 59 -93, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND :EIRE DEPARTMENT FOR THE CALENDAR YEARS 1994, 1995 AND 1996. This bill had first reading. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. 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 August 1, 1993 at 9:52 p.m., with eight members present. Chairman Zakrzewski presiding. BILL NO. 96 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SUBSTITUTE BILL NO. 59 -93, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND :EIRE DEPARTMENT FOR THE CALENDAR YEARS 1994, 1995 AND 1996. This being the time heretofore set for public hearing on the above bill proponents and were given an opportunity to be heard. Kathleen Cekanski - Farrand, Council Attorney, made the presentation. She indicated this bill had a provision for a one- time CBA incentive of $600, or a food /bedding allowance of $250 per year for three years. Marty Orlowski, Fire Department Negotiator, indicated they were never offered an increase on their base pay in 1994 and it is still not offered, and that is why the contract was not accepted. He asked the Council to give the firefighters the 1% on their base pay they lost by not ratifying. Kevin Horton, Controller, indicated the negotiating team felt the City had offered a responsible package. Council Member Luecke indicated he appreciated the efforts of both bargaining teams. He indicated they were disappointed on Thursday when the offer was not ratified. He indicated he also appreciated the efforts made toward getting this amendment filed. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST; Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council Council Chambers on the fourth floor Council President Luecke presiding, and BILLS, THIRD READING ATTEST: of the City of South of the County -City eight members present. City Clerk Bend reconvened in the Building at 10:01 p.m. ORDINANCE NO. 8398 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SUBSTITUTE BILL NO. 59 -93, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR THE CALENDAR YEARS 1994, 1995 AND 1996. This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. 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 Zakrzewski. The motion carried and the meeting was adjourned at 10:02 p.m. ATTEST; President ATTEST: ty Clerk