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HomeMy WebLinkAbout02-09-81 Council Meeting MinutesREGULAR MEETING FEBRUARY 9. 1981 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, February 9, 1981, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Beck, Taylor, Kopczynski, Crone, Dombrowski, Voorde and McGann ABSENT: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub- committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the January 26, 1981 meeting of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s /Lewis A. McGann /s /Beverlie D. Crone Council Member Serge made a motion that the minutes of the January 26, 1981, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council Member Dombrowski made a motion to change the second meeting in April from April 2'j to April 28, 1981, seconded by Council Member Taylor. The motion carried. Council President McGann asked that the Personnel and Finance Committee complie a list of user fees the City is now charging. I REGULAR MEETING FEBRUARY 9, 1981 Council Member Dombrowski made a motion to _suspend the rules and have public hearing on. resolution 9D, seconded by Council Member Taylor. The motion carried on a;.roll call vote of nine ayes._ Council Vice President Serge chaired this portion of the meeting. RESOLUTION NO. 855 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF __. SOUTH BEND, INDIANA DECLARING THE MONTH OF FEBRUARY AMERICAN HEART MONTH. WHEREAS, in 1981, nearly one million Americans will die of heart disease and strokes, a total which exceeds all other causes of death combined; and WHEREAS, in the State of Indiana, 567o of all deaths are related to cardiovascular problems; and WHEREAS, the Common Council recognizes that Cardiopulmonary Resuscitation or CPR is a proven series of basic life support procedures aimed at reducing early death and dis- ability from heart disease and strokes; and WHEREAS, the Common Council wishes to encourage all citizens of our community to be- come trained in CPR techniques, and therefore desires to declare the month of February, American Heart Month. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the CIty of South Bend hereby declares the month of February, 1981, as American Heart Month. SECTION II. The Common Council hereby publicly acknowledges the work of the American Heart Association and other organizations who have dedicated themselves to reducing early death and disability from heart disease and strokes through nationwide research and educational programs. SECTION III. The Common Council urges all citizens of our Community to participate in the upcoming educational program sponsored by the St. Joseph County American Heart Association, Saint Joseph's Medical Center, and South Bend Fire Department; and become trained in CPR techniquest. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Council President McGann indicated the purpose of this resolution was to start an on -going program for the training of City employees in cardio pulmonary resuscitation, or CPR. He indicated they were also encouraging the citizens in general to learn this life saving skill. Mayor Roger 0. Parent pledged the full cooperation of the City in training its employees. Noreen Broering, CPR coordinator for St. Joseph's Medical Center gave a resuscitation demonstra- tion. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. REPORTS Council Member Crone indicated that the Personnel and Finance Committee had met in executivE session to discuss various personnel matters. She indicated they had also had a meeting on Bill No. 10 -81 regarding mileage allowance. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Dombrowski. 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 Monday, February 9, 1981, at 7:12 p.m., with nine members present. Chairman Voorde presiding. BILL NO. 6 -81 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 32 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE R &C REALTY, AN INDIANA PARTNERSHIP PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this $250,000 issue would be used to complete and furnish a facility located on the northwest corner of Lincolnway East and Sample Streets. He indicated they had previously received a $500,000 issue, whoever, this issue was necessary in order to complete the facility. Council Member Serge made a motion to recommend this bill to the Council favorable, seconde by Council Member Beck. The motion carried. REGULAR MEETING FEBRUARY 9, 1981 COMM.ITTEEs._OF:.THE WHOLE MEETING (CONTINUED) BILL NO. 7 -81 A BILL APPROPRIATING $56,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE AD- MINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, mad ethe presentation for the bill. He indicated this was the sixth payment from the trust funds for the construction of this building. He indicated when this tructure is completed, South Bend will have one of the finest small zoos in the Midwest. Council Member Kopczynski made a motion to recommend this bill to the Council favorable,. seconded by Council Member Dombrowski. The motion carried. BILL NO. 8 -81 A BILL APPROPRIATING $7,640.68 FROM THE LEEPER PARK TREE REPLACEMENT FUND #63.8210 FOR THE PURCHASE OF TREES AND SUPPLIES WHICH TREES WILL BE PLANTED AT LEEPER PARK. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated that seven thousand dollars was ap- propirated in October of 1980, but could not be spent until approved by the State Board of Tax Commissioners, the approval was too late to complete the project. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 9 -81 A BILL APPROPRIATING $3,500.00 FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR TRAINING AND TECHICAL ASSISTANCE AND COST OF LIVING SUPPLEMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS YOUTH SERVICE BUREAU DURING THE.PERIOD JULY 1, 1980 THROUGH JUNE 30, 1981. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given ­an, opportunity to be heard. Bonnie Strycker, Director of the Youth Service Bureau, made the presentation for the bill. She indicated that due to the closing of two runaway shelters within Region V the appropriation for the South Bend Youth Service Bureau Runaway Shelter has been increased by $3,500. She indicaed that $2,775 must go for training, and $775 must be used as a cost of living adjustment allowance. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 10 -81 A BILL AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO MILEAGE ALLOWANCE USE OF PRIVATE VEHICLES ON CITY BUSINESS. This being the time heretofore set for public hearing on the above bill, proponents and op ponents were given an opportunity to be heard. Council Member Crone indicated that her committee had met on this and recommended the following amendments: Retain paragraph (2) change year to 1982; eliminate paragraph (b); retain (1), but change it to paragraph (b(; the rest of the paragraphs remain the same. Council Member Dombrowski made a motion to amend this bill, seconded by Council Member Serge. The motion carried. Joseph KTrnan, City Controller, made the presentation for the bill. He indicated that the pur- pose of this bill was to establish a new rate of reimbursement to City employees who use their own vehicles. He asked that the amendment to reduce the vehicle fleet by..twenty vehicles be reconsidered., since the Administration has not had any input on the proposed amendment. He indicated that since 1978 the vehicle fleet has been reduced by thirty vehicles. Council Member Dombrowski indicated there was still room for improvement, since too many cars are being taken home. Council Member Crone indicated that her com- mittee felt that with the finances of the City, and the strong possibility the City may be forced to reduce employees, the Administration could come up with twenty cars. She indicated they were not specifiying any particular fund and the cust was from the entire fleet. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member McGann. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motio to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: ATTEST: REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:35 p.m. Council President McGann presiding and nine members present. CITY CLERK CHAIRMAN REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:35 p.m. Council President McGann presiding and nine members present. REGULAR MEETING FEBRUARY 9, 1981 REGULAR MEETING RECONVENED (CONTINUED BILLS, SECOND READING ORDINANCE NO. 6887 -81 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE AND INDUSTRIAL DEVELOP- MENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 32 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE R &C REALTY, AN INDIANA PARTNERSHIP PROJECT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6888 -81 AN ORDINANCE APPROPRIATING $56,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE.DEPARTMENT OF PUBLIC PARKS. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6889 -81 AN ORDINANCE APPROPRIATING $7,640.68 FROM THE LEEPER PARK TREE REPLACEMENT FUND #63.8210 FOR THE PURCHASE OF TREES AND SUPPLIES WHICH TREES WILL BE PLANTED AT LEEPER PARK. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6890 -81 AN ORDINANCE APPROPRIATING $3,550.00 FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR TRAINING AND TECHNICAL ASSISTANCE AND COST OF LIVING SUPPLEMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS YOUTH SERVICE BUREAU DURING THE PERIOD JULY 1, 1980, THROUGH JUNE 30, 1981. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6891 -81 AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO MILEAGE ALLOWANCE USE OF PRIVATE VEHICLES ON CITY BUSINESS. This bill had second reading. Council Member Serge made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Beck made a motion to pass this bill, as amended, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 856 -81 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 525 SOUTH TAYLOR TO BE AN URBAN DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED FOR TAX ABATEMENT CONSIDERATION. WHEREAS, the Common Council of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Urban Development Areas for purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution designating the area commonly known as and more particularly described by a line drawn as follows: Lots numbered Three (3) and Four (4) as shown on the recorded Plat of Touhey and Hagerty's Subdivision of Bank Out Lot Numbered Fifty -nine (59) of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana is an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council its written order approving for the Declaratory Resolution ato the Council; and WHEREAS, notice of the adoption of a Declaratory Resolution and public hearing for the purposes of hearing persons in favor of the proposed project and those remostrators who were opposed to the proposed project; and WHEREAS, the Council has determined the public utility and benefit of the project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED) FEBRUARY 9, 1981 SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Urban Development Area for purposes of tax abatement consideration and confirm its determination of the project's public utility and benefit. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ JOHN VOORDE Member of the Common Council A public hearing was held on the resolution at this time. Council Member Voorde indicated this resolution confirms the adoption of the Declaratory Resolution for Claeys. He indicated this matter had been referred to Area Plan, andthe staff of Area Plan has given a favorable recommendation. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Crone.) RESOLUTION NO. 857 -81 A RESOLUTION ESTABLISHING GUIDELINES FOR THE UPCOMING ANNUAL PAY DISCUSSIONS BETWEEN THE COMMON COUNCIL AND THE FIREFIGHTERS AND POLICE OFFICERS OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, the Common Council is mandated by State Law to fix by ordinance the annual pay of Firefighters and Police Officers; and WHEREAS, the Common Council believes that certain guidelines which will govern the upcoming discussions with the Firefighters and Police Officers. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Members of the Common Council and their chosen designates shall discuss with the representatives of the Firefighters (sworn Members of the department excluding chiefs and battalian chiefs) and representatives of the Police Officers (sworn members of the department excluding chiefs and captains) respectively, for the purpose of fixing the annual pay for the 1982 calendar year. SECTION II. The Council's Discussion Team will meet with the representatives of the Firefighters and Police Officers on or before the week of March 2nd, to initiate the pay discussions. SECTION III. The Common Council will formally file, with the office of th City Clerk, bills which will fix the annual pay of Firefighters and Police Officers, so that first readings will take place on Monday, April 13; and second reading at public hearings will be held on Tuesday, April 28th. SECTION IV. The Common Council hereby declares that for the purposes of the discussion process, "annual pay" as used in the governing state law shall be defined as: (1) MONEY which would be paid on a regular and periodic basis in exhange for services. (2) LONGEVITY PAY which may be an integral part of an employee' regular salary; and (3) PAY BASED ON RANK. All other items commonly referred to as fringe benefits will not be a part of the discussion process with the Common Council. SECTION V. The Common Council sincerely believes that t should be, and will be based on the principles of good faith. and will be reasonable as it attempts to establish annual pay manner. Nevertheless, the Council puts all persons on notice to tamper, infringe, or impede the process, or the principles discussions shall be dealt with swifty and in accordance with he upcoming discussions The Council will listen, in a fair and equitable that anyone who attempts which will govern these the law. SECTION VI. The Common Council further recommends and encourages the City Administra ion t�f to adopt a similar time table in all other salary areas over which it has control. 1 SECTION VII. The Common Council believes that the foregoing guidelines are in the best interest of the parties involved in the discussion process, and the citizens of the City of South Bend, Indiana. 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/ Lewis A.McGann Member of the Common Council /s/ Walter M. Szymkowiak Member of the Common Council /s/ Walter T. Kopczynski Member of the Common Council /s/ John Voorde Member of the Common Council REGULAR MEETING FEBRUARY 9, 1981 REGULAR MEETING RECONVENED (CONTINUED) /s/ Beverly D. Crone Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council /s/ /Richard C. Dombrowski Member of the Common Council /s/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Council President McGann indicated this resolution will set the guidelines the Council will use this year in discussing wages with the Police and Fire Department. He made a motion to amend the resolution in Section 3 by changing the day and date to Tuesday, April 28, seconded by Council Member Taylor. The motion carried. Council President McGann indicated nego- tiations will start March 2, first reading will be April 13, and public hearing and second reading will be April 28. He indicated this will narrow the scope of wage dis- cussions with the Council. Joseph Kernan, City Controller, read the following: TO: City Council Members City Council Attorney From: Joseph Kernan, City Controller Date: February 9, 1981 The resolution establishing guidelines for the salary and fringe benefit negotiations with the FOP and Firefighters will weaken the City's (both Administration and Council) position in the bargaining process. First, an elementary principle of labor negotiations is that each side speak with one voice on all money related issues such as salary and fringe benefits. The Council resolution would separate not only the fringe benefits from the salaries, but also splits the bargaining team in two components - City administration and City Council. Although Indiana law may allow the separation of the issues and the negotiation teams, it would be a giant step backward for us to detract from the South Bend tradition of the City Council and City administration dealing with the salaries and fringe benefits with one voice. Second, although it would be nice to finalize the negotiation process early in the year, the financial information which•we need when negotiating salaries and fringes will not be available to coincide with the timetable outlined in the resolution. While it is already very difficult to make budget projections with a June or July timetable, our fiscal visibility into 1982 will be even more limited with a March and April schedule The bargaining process with the different City employee units will require the utmost professionalism on the part of all parties involved. I feel that this resolution is not in line with the well established principles of labor negotiations. Professional and effective negotiations require that we speak with one voice on all money related matters. The resolution which was filed without any prior discussions with me or anyone in the City administration is not the way to begin what will be a long and difficult process. But I hope that at a minimum you delay final action on the resolution to allow me the time to meet with the proper City Council Committee. Council President•McGann indicated that fringe benefits have always been negotiated with the Board of Safety. Mike Swanson, F.O.P.,. wage negotiator, indicated their main objet-'M-6h was the time limit -put on the p.rocoss. Council-Mem oorde indicated that the Board of Public Saf- ety`has yet to -act on the benefits recommended- by the Council"- last year. Council Member Crone indicated that six weeks was time enough to settle the agreement. Council Member Beck made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 858 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE THE SALE OF A CITY -OWNED LOT LOCATED AT 1212 S. FRANKLIN STREET. WHEREAS, the Board of Public Works of the City of South Bend, pursuant to the Municipal Code of the City of South Bend, Chapter 14.5, has offered for sale the fol- lowing described property. North 1/2 of Lot Numbered 19 as-shown on the Recorded Plat of Samuel G. Stull's Second Addition to the City of South Bend, also known as Samuel C. Stull's "South Park" Addition, more commonly known as 1212 S. Franklin Street. at an offering price of $879.00; and WHEREAS, the Board of Public Works of the City of South Bend has now received an offer to purchase the property at 1212 South Franklin for a price of $500.00; and �4 REGULAR MEETING FEBRUARY 9, 1981 REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the Board of Public Works has now complied with all requirements of the Municipal Code of the City of South Bend, Chapter 14.5, which establishes procedures for the disposition of real property owned by the City of South Bend and more specifically real property valued by the Board at less than $1,000.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that: SECTION I. The Board of Public Works be authorized to negotiate a contract for the sale of the above described property for a total price of $500.00 SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Council Member of the Common Council A public hearing was held on the resolution at this time. Joseph Kernan, City Controller, indicated that the original appraised price on this lot was $879, however, they had received an offer of $500, and the Board recommended the sale of the lot. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 859 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE SOUTH BEND COMMUNITY SCHOOL CORPORATION TO CONSIDER THE PRESERVATION OF SUCCESSFULLY INTEGRATED NEIGHBORHOODS AND THE ROLE THAT THEY PLAY WHEN CONSIDERING PROPOSALS FOR A SUCCESSFULLY LONG- LASTING INTEGRATION PLAN. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes the legal separation of powers between local government and the South Bend Community School Corporation; and WHEREAS, the Council further recognizes that it has no authority to appoint school board members, nor review the budget of the South Bend Community School Corporation; and WHEREAS, the Council recognizes that the South Bend Community School Corporation is presently considering integration /desegration /reorganization plans for our community's schools; and WHEREAS, the Council acknowledges that the planning process for such a widespread integration /desegregation /reorganization plan is complex and must take into consideration many factors; and WHEREAS, the Council has noted the efforts of the School Corporation to seek community input through the scheduling of many community meetings during the past several months, and further wishes to commend the School Board, the Superintendent, and the Administrators for the long hours they have spent, both in development requested plans and in hearing the public speak on the various topics related to the integration /des( plan. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, recognizes the legal separation of powers between the operation of local government, and the operation of the South Bend Community School Corporation. SECTION II. Recognizing the separate and distinct duties and obligations of these two bodies, the Common Council of the City of South Bend, Indiana, urges the South Bend Community School Corporation to continue to carefully consider the preservation of successfully integrated neighborhoods and the role that they play when considering proposals for a successful, long- lasting integration plan. 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/ Beverlie J. Beck Member of the Common Council I Fj II II �J ration /reorgani J REGULAR: MEETING._. FEBRUARY 9, 1981 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held on the resolution at this time. Council Member Beck made a motion that that Council accept a substitute resolution, seconded by Council Member Crone. -The mo- tion.. -car ried. .-:Count l_ ��ember. Beck.. indicated the. Council has no legal power to ask the School Board to do anything, however, the Council has a vested right to comment regarding our City neighborhoods. She indicated that many neighborhood schools are within the Justice Department's consent decree. She indicated there are some very good examples of integration within our schools. Carolyn Threatt, Personnel Director for the City, indicated that the City Administration supported this resolution. The following citizens spoke in favor of this resolution: Laura Fountain, 1866 N. Brookfield; Melvina Price, 1608 N. Olive;; Kathryn Blower, 1723 Kemble; Rose French, 2019 W. Indiana; Loretta Jacobs, 1008 S. Gladstone; Kathryn Brookins, 707 W. LaSalle; Kessler King, 19370 Dresdon Dr.; Floyd Carter, 1610 Fassnacht; Roger Baele, Rum Village Neighborhood Association; Mr. E1 Amin, 521 S. Jackson; Dave Bickel, 2816 Vine; Ralph Johnson, 1945 E. Altgeld; Mike McFarland, 1733 O'Brien; Dave Albert, 1252 E. LaSalle. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to recess, seconded by Council Member Kopcyznski. The motion carried and the meeting was recessed at 9:10 p.m., and reconvened at 9:18 p.m. RESOLUTION NO. 860 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE DEVELOPMENT PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE MADE IN THE EAST BANK DEVELOPMENT AREA. WHEREAS, the City of South Bend Department of Redevelpment has, pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended (the "Act "), conducted sur- veys and investigations and has thoroughly studied that area in the City of South Bend, County of-St.F Joseph, State;of Indiana, hereby designated as the East Bank Development Area which is more particularly described by a line drawn as follows: A parcel of land being a part of the City of South Bend, Portgage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the point of intersection of the North right -of -way line of Sorin Street with the East right -of -way line of Niles Avenue in said City; thence South along said East right -of -way line of Niles Avenue to the centerline of the first fourteen (14) foot alley lying North of Cedar Street and between Niles Avenue and Hill Street; thence East along said centerline, to the centerline of Hill Street, a sixty -six (66) foot right -of -way; thence South, along said Hill Street center- line, to the centerline of Jefferson Boulevard; and eighty -two and one -half (82.5) foot right -of -way; thence West, along said Jefferson Boulevard centerline to the center of the St. Joseph River; thence in a Northwesterly and Northeasterly dir- eceion`along the centerline of said River to its intersection with the projected North right -of -way line of said Sorin Street; thence East, along said projection and along said North right -of -waya line to the East right -of -way line of Niles Avenue which is the place of beginning. WHEREAS, upon such surveys, investigations and studies being made, it has been found by the City of South Bend Redevelopment Commission that the above - described area has become blighted to an extent that such blighted conditions cannot be corrected by regulatory process or by the ordinary operations of private enterprise without resort to the provisions of the Act, and it has been further found that the public health and welfare would be benefitted by acquisition in and redevelopment of such area under the provisions of the Act and WHEREAS, the Commissioners have caused to be prepared maps and plats showing the boundaries of such blighted area, the location of the various parcels of properties, streets and alleys, and other features affecting the acquisition, clearance, replattting , replanning, rezoning and redevelopment of such area, and indicating the parcels of property to be included or excluded in the acquisition and portions of the area to be acquired which are to be devoted to streets, alleys, levees, sewerage, parks, play- ground and other public purposes under the redevelopment plan; and WHEREAS, there was presented to a meeting of the Governing Body of the City of South,.Bend.Department of Redevelopment for its consideration and approval, a copy of a Develapment..Plan.,for the project area dated October 3,' 1980, which plan is entitled: "DEVELOPMENT PLAN EAST BANK DEVELOPMENT AREA SOUTH BEND, INDIANA" and consists of 24 pages; and WHEREAS, there was approved by the City of South Bend Redevelopment Commission on January 16, 1981 Resolution No. 632 designating the East Bank Development Area, more particularly described in the first WHEREAS above, to be an allocation area known as South Bend Allocation Area No. 2 and that taxes levied on real property in such area for collection in 1981 and thereafter be allocated and distributed as provided in I.C. 18 -7 -7 -39.1 and as particularly described in paragraphs 9 and 10 of Resolution 632. WHEREAS, the Development Plan has been reapproved by the City of South Bend Re- development Commission, as evidenced by the copy of said Body's duly certified Re- solution No. 632 approving the Development Plan and amending the Declaratory Resolution No. 626; and WHEREAS, the Area Plan Commission of St. Joseph County, which is the duly desig- nated and acting official planning body for the Project Area, has submitted to the Common Council its report and has certified that the Development Plan and Resolution No. 632 conform to the general plan for the Project Area as a whole, and the Common Council has duty considered the report, recommendation, and certification of the plan- ning body: and REGULAR MEETING FEBRUARY 9, 1981 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, it is necessary that the Common Council take appropriate official action respecting the Development Plan and Resolution No. 632, in accordnace with I.C. 18 -7- 7-13 and 18 -7 -7 -39.1; and WHEREAS, the Common Council is cognizant of the conditions that are imposed in the undertaking and carrying out of projects with Federal financial assistance, in- cluding, but not limited to, those proscribing discrimination because of race, age, color, creed, sex or national origin; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Project area is a blighted area and qualifies as an eligible Project Area under the Development of Cities and Towns Act of 1953, as amended (Indiana Code 18 -7 -7). 2. That the Development Act and Resolution No. 632 presented at this meeting for the Project, having been duly reviewed nd considered, are hereby approved, and the City Clerk directed to file copies of the Development Plan and Resolution No. 632 with the minutes of this meeting. 3. That it is hereby found and determined that the Development Plan and Resolution No. 632 conform to the general plan of the City and County. 4. That it is hereby found and determined that the above - mentioned Development Plan and Resolution No. 632 will afford maximum opportunity, consistent with the sound needs of the Cityand County as a whole, for the development of such areas by private enterprise. 5. That Resolution No. 632 of the City of South Bend Redevelopment Commission, amending Declaratory Resolution No. 626, establishing South Bend Allocation Area No. 2 in the Project Area pursuant to Indiana Code 18 -7 -7 -39.1 is hereby approved. 6. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Patrick McMahon, Director of Redevelopment, indicated this resolution would establish the East Bank Area as a tax increment area. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 12 -81 This bill had first public hearing and The motion carried. A BILL AMENDING CHAPTER 7, ARTICLE 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SCRAP AND JUNK DEALERS ORDINANCE. reading. Council Member Beck made a motion to set this bill for second reading February 23, 1981, seconded by Council Member Dombrowski ORDINANCE NO. 6892 -81 AN ORDINANCE APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, SECURITY AGREEMENT, AND INDUSTRIAL DEVEL- OPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 13 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE LOCK JOINT TUBE COM- PANY INC. PROJECT. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have second reading and public hearing on this bill, seconded by Council Member Kopczynski. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this $800,000 issue was to finance the acquisition of machinery, equipment and fixtures. He indicated they anticipated additonal employment of fifteen new jobs. Council Member Kopczynski made • motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by • roll call vote of nine ayes. BILL NO. 14 -81 A BILL APPROPRIATING $450,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8101, BENDIX DRIVE TRACK RE- LOCATION, WITHIN HE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading February 23, 1981, seconded by Council Member Dombrowski. The motion carried. G; REGULAR MEETING FEBRUARY 9, 1981 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 15 -81 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (935 S. IRONWOOD.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Irene Mutzel, 320 Parkovash, indicated that she was unable to obtain the date the Gen- eral Oblication Bond remonstrance petitions must be filed. City Attorney, Rich Hill, inidcated he could not ethically give that date. UNFINISHED BUSINESS Council Member Taylor made a motion to set Bill No. 11 -81 for public hearing and second reading February 23, 1981, seconded by Council Member Beck. The motion carried. NEW BUSINES Council President McGann asked Mr. Leszczynski why money for the sewer service fund was_ not being collected. John Leszczynski, Director of Public Works, indicated they are not going to start collecting money until they were able to put the program into ef- fect. There being no further business to come before the Council, unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Beck. The motion carried and the meeting was adjourned at 9:50 p.m. ATTEST: City Clerk i APP OVED: President