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