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HomeMy WebLinkAbout04-28-81 Council Meeting Minutes1 1 1 REGULAR MEETING APRIL 28, 1981 w Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, April 28, 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 128 E REGULAR MEETING APRIL 28, 1981 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 res- pectfully report that it has inspected the minutes of the April 13, 1981, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone Council Member Serge made a motion that the minutes of the April 13, 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 have one meeting in May, May 18, seconded by Council Member Voorde. The motion carried. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Beck. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Com- mittee of the Whole on Tuesday, April 28, 1981, at 7:01 p.m., with nine members pre- sent. Chairman Voorde presiding. BILL NO. 35 -81 A BILL APPROVING THE FORM AND TERMS OF A LOAN AGREEMENT AND TRUST INDENTURE, REAL ESTATE MORTGAGE AND INDUSTRIAL DE- VELOPMENT REVENUE BOND, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THE WILLIAM R. DOBSLAW AND HEIKE DOB - SLAW PROJECT AND APPROVING RESOLUTION NO. 3 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission made the presentation for the bill. He in- dicated this $350,000 bond issue would be used to finance the construction of a rest - urant at the southeast corner of Ireland and U.S. 31. He indicated they anticipated this will create additional employment of approximately 40 employees. Irene Mutzl, 320 Parkovash, spoke in favor of this bill. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 36 -81 A BILL APPROPRIATING $9,500 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE SUPPORT OF A NEIGHBORHOOD CLEAN -UP CREW TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE NEIGHBORHOOD CODE ENFORCEMENT OFFICE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Marzy Bauer, Director of Com- munity Development, made the presentation for the bill. She indicated this approp- riation would be used to expand the Neighborhood Clean -up Crew. She indicated this would be an additional two - person crew to clean lots in Community Development Strat- egy Areas. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 38 -81 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IND- IANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AND BY THE INCLUSION OF NEW ARTICLE 7 ENTITLED BUDGETARY PRO- CEDURES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Members McGann and Crone made the presentation for the bill. They indicated this bill calls for a pro- posed line -item budget, but requested various other information, such as multi- funded positions would be identified in one area, as well as fringe benefits given to those positions. They indicated this bill calls for a cost center narrative from each department, which was basically a four -part form which would include a listing of goals and objectives, various budgetary history and a description of the budget re- quests. They indicated that standard procedures were being established to make the budget process as easy as possible. Council Member Crone read the Personnel and Finance Committee report recommending that this bill be passed. She indicated there had been some changes made to the bill by her committee. She made a motion that the Council accepted a substitute bill, filed with the City Clerk, seconded by Council Member Dombrowski. The motion carried. Pat Miller, 2213 Lincoln Way West, spoke in favor of this bill. Jane Swan, 1706 S. Walnut spoke in favor of this bill. Irene Mutzl, 320 Parkovash, spoke in favor of this bill. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Coun- cil Member Dombrowski. The motion carried. REGULAR MEETING APRIL 28, 1981 BILL NO. 39 -81 A BILL FIXING THE ANNUAL PAY OF FIREFIGHTERS FOR THE CALEN- DAR YEAR 1982, 1983, AND 1984. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given- an,:opportunity to -be- 'heard:. Council Members McGann and Taylor made--'-the presentation -:for the =bill. 'Council - Member Dombrowski made a motion that the Council accept a substitute bill filed with the City Clerk, seconded by Council Member Beck. The motion carried. Council President McGann indicated this was a three year agreement, subject to renegotiation if the Indiana Property Tax Control Program is totally abolished, or the Common Council adopts a Local Option Income Tax Program. He indicated that fringe benefits would be frozen at the 1981 level. Dan Mirocha, Chairman of the Firefighters Wage Committee, indicated that members of their local had overwhelmingly ratified this agreement. He asked the Council to do the same. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. Council Mem- bers Taylor, Beck and Serge spoke against this bill. Council Members Dombrowski spoke in favor of the bill. The bill passed by a roll call vote of five ayes and four nays (Council Members Serge, Beck, Taylor and Kopczynski. BILL NO. 40 -81 A BILL FIXING THE ANNUAL PAY OF POLICE OFFICERS FOR THE CAL- ENDAR YEAR OF 1982, 1983, AND 1984. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Members McGann and Taylor made the presentation for the bill. Council Member Dombrowski made a motion that the Council accept the substitute bill filed with the City Clerk, seconded by Council Member Beck. The motion carried. Council Member McGann indicated this was a three year agreement, subject to renegotiation if the Indiana Property Tax Control Program is totally abolished, or a local option tax adopted. He indicated that bene- fits will be frozen at the 1981 level. Council Member Szymkowiak made a motion to recommencl,this'bill to the Council favorable as:amended,.s_econded by Council Member Dombrowski. The bill passed by`a roll call- vote:of five aye_s.and four nays (Council Members Serge, Beck, Taylor and Kopczynski.) BILL NO. 41 -81 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OF- FICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEARS 1982, 1983, AND 1984. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bill. He indicated this bill establishes the salaries for all City employees, both union and non - union. He indicated that the Administra- tion felt that when the first salary agreement was reached, which was the Firefigh- ters, that would serve as a guideline to set salaries for all other employees. He indicated this was the basic principle of collective bargaining. He indicated that based on that principle, the Administration has submitted this bill with increases of 10.3% in 1982; 8.6% in 1983; and 8.1% in 1984. He indicated it was the Administra- tion's responsibility to negotiate with the Teamsters, and an agreement was reached with them after good -faith negotiations on the part of the Administration and the Teamsters. He indicated that the Council was recommending that City employees, other than police and fire, receive 4.56% plus $400. He indicated this would seriously undermine the Administration's ability to deal with the Teamsters, and the long -term effect would destroy the City's creditability in any collective bargaining process. He indicated that the Administration was willing to withdraw their request for the Community Development salary increase, which would mean those employees would go eighteen months without a salary increase. Council Member Crone gave the Personnel and Finance Committee report which recommended a substitute bill giving a salary increase for one year of 4.56% plus $400. she made a motion that the Council accept the substitute bill filed with the City Clerk, seconded by Council Member Szymkowiak. The motion carried on a roll call vote of five ayes and four nays (Council Members Serge, Beck, Taylor and Kopczynski.) Ernest Streich, 3630 S. St. Joseph, an employee of the Water Works, spoke against this bill. Clifford MacMillan, labor consultant, spoke against this bill. Council Member Crone highlighted the amended version of the bill. She indicated it gives a 4.56% increase plus $400.00, which is a 7.5% in- crease. She indicated that thirteen positions were eliminated. Irene Mutzl, 320 Parkovash, spoke in favor of this bill. Fred Mutzl, 320 Parkovash, spoke in favor of this bill. Pat Miller, 2213 Lincoln Way West, spoke in favor of this bill. Denise Fleming, secretary for the City of South Bend, indicated that clerical employees were not being adequately compensated. Mel Osler, chief stewart, Street Department, in- dicated the Council did not know what negotiating in good -faith means. Betsy Har- riman, city employee, spoke against this bill. Marvin Hamlin, chief stewart, Bureau of Sanitation, spoke against this bill. John Schaffer, 518 S. 31st, spoke against this bill. Richard Johnson, 2301 Bergan, spoke against this bill. Thyra Overton, city employee, spoke against this bill. Dan Powell, 4628 York Rd., spoke against this bill. Bob Warnock, representative of the Teamster's Local 364, indicated the Council negotiated a 10.3% increase for employees who did not even need to be cit- izens of South Bend. Robert Waters, stewart, Water Works, spoke against this bill. Dominic DeCosta, 754 Cottage Grove, spoke against this bill. Issac Hamilton, 749 N. St. Louis, spoke against this bill. Patrick McMahon, 1446 Longfellow, spoke against this bill. Gus Saros, 1720 Belmont, spoke against this bill. Jim Seitz, Superin- tendent of Parks, spoke against this bill. Mary Ann Wojtas, 1352 Fisher, spoke against this bill. Council Member Taylor indicated he felt the Council must honor the agreement made by the City with the Teamsters. Council Member Beck spoke against this bill. Council Member Szymkowiak spoke in favor of this bill. Council Member McGann spoke in favor of this bill. Council Member Dombrowski spoke in favor of this bill. Council Member Crone spoke in favor of this bill. Council Member Voorde spoke in favor of this bill. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member McGann. The motion carried on a roll call vote of five ayes and four nays (Council Members Serge, Beck, Taylor and Kopczynski.) REGULAR MEETING APRIL 28, 1981 BILL NO. 42 -81 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OF- FICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE PERIOD FROM JULY 1, 1981 TO DECEMBER 31, 1981. This being the time heretofore set for public hearing on the aove bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, indicated the Administration wished to withdraw this bill. Council Member Taylor made a motion to strike the bill, seconded by Council Member Beck. The motion car- ried. Council Member Taylor made a motion to rise and report to the Council and recess, seconded by Council Member Dombrowski. The motion carried and the meeting was reces- sed at 10:02 p.m. ATTEST: 42,� City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council Council Chambers on the fourth floor of cil President McGann presiding and nine BILLS, SECOND READING ORDINANCE NO. 6910 -81 ATTEST: of the City of the County -City members present. Suth Bend reconvened in the Building at 10:25 p.m. Coun- AN ORDINANCE APPROVING THE FORM AND TERMS OF A LOAN AGREE- MENT AND TRUST INDENTURE, REAL ESTATE MORTGAGE AND INDUST- RIAL DEVELOPMENT REVENUE BOND, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THE WILLIAM R. DOBSLAW AND HEIKE DOB - SLAW PROJECT AND APPROVING RESOLUTION NO. 3 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Kopczynski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6911 -81 AN ORDINANCE APPROPRIATING $9,500 FROM THE COMMUNITY DE- VELOPMENT BLOCK GRANT FUND FOR THE SUPPORT OF A NEIGHBORHOOD CLEAN -UP CREW TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE NEIGH- BORHOOD CODE ENFORCEMENT OFFICE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6912 -81 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ART - ICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AND BY THE INCLUSION OF NEW ARTICLE 7 ENTITLED BUDGETARY PROCEDURES. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Domb- rowski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6913 -81 AN ORDINANCE FIXING THE ANNUAL PAY OF FIREFIGHTERS FOR THE CALENDAR YEAR 1982, 1983, AND 1984. This bill had first reading. Council Member Voorde made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Voorde made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of five ayes and four nays (Council Members Serge, Beck, Taylor and Kopczynski.) ORDINANCE NO. 6914 -81 AN ORDINANCE FIXING THE ANNUAL PAY OF POLICE OFFICERS FOR THE CALENDAR YEAR OF 1982, 1983, AND 1984. This bill had second reading. Council Member Dombrowski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Crone. The motion carried. Council Member Dombrowski made a motion to pass this bill as amended, seconded by Council Member Crone. The bill passed by a roll call vote of five ayes and four nays (Council Members Serge, Beck, Taylor and Kopczynski.) 131 REGULAR MEETING APRIL 28, 1981 ORDINANCE NO. 6915 -81 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEARS 1982, 1983, AND 1984. This bill had second reading. Council Member Dombrowski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Crone made a motion to pass the bill, as amended, seconded by Council Member Voorde. The bill passed by a roll call vote of five ayes and four nays (Council Members Serge, Beck, Taylor and Kopczynski.) BILL NO. 42 -81 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OF- FICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE PERIOD FROM JULY 1, 1981 TO DECEMBER 31, 1981. Council Member Dombrowski made a motion to strike this bill, seconded by Council Member Taylor. The motion carried. RESOLUTIONS RESOLUTION NO. 882 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF FOUR CONTRACTS IN EXCESS OF $10,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM THROUGH THE BUREAU OF HOUS- ING'S REHABILITATION GRANT PROGRAM. WHEREAS, several low bids for rehabilitation work under the Community Develop- ment Housing Rehabilitation Grant Program have exceeded $10,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana to enter into a contract with the following contractors for the rehabilitation work on the following properties: 2. This resolution shall be in full force and effect from and after its adop- tion by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Kathy Baumgartner, Dir- ector of the Bureau of Housing, indicated it was necessary to receive Council ap- proval for these four houses to be rehabilitated. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolu- tion was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 43 -81 A BILL TRANSFERRING $473.50 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE CITY CLERK'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a mottion to set this bill for public hearing and second reading June 8, 1981, seconded by Council Member Dom- browski. The motion carried. ORDINANCE NO. 6916 -81 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $1,550,000 ECONOMIC DEVELOPMENT REVENUE BONDS (COLUMBIA PLACE ASSOCIATES PRO- JECT), SERIES 1981; CONFIRMING THE SALE THEREOF; AUTHORIZING THE LOAN OF THE PROCEEDS OF SAID BONDS TO COLUMBIA PLACE ASSOCIATES; AND A MORTGAGE, LOAN AND SECURITY AGREEMENT, A TRUST INDENTURE, AND A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. 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 oppo- nents were given an opportunity to be heard. Kevin Butler, attorney for Columbia Place, made the presentation for the bill. He indicated the bill should be amended, by accepting a substitute bill filed with the City Clerk. Council Member Kopznski made a motion to accept the amendment, seconded by Council Member Dombrowski. The motion carried. He indicated this project was to finance a 29,000 square foor office building to be located on the last scheduled parcel in Block 6. Council Member Szym- kowiak made a motion to pass this bill, as amended, seconded by Council Member Dom- browski. The bill passed by a roll call vote of nine ayes. DOLLAR AMOUNT REHABILITATION CONTRACTORS ADDRESS OF CONTRACT NUMBER Jefferson Build- ers 401 E. Indiana $10,115.00 CDS /PR /CS -6/46 Boocher Construction Co. 1010 - California $10,927.00 CDS /PR /CS -6/50 Charles Brown Main. Co. 325 Cushing $10,995.00 CDS /PR /CS -6/52 Jurtin's Cons. Co. 822 E. Indiana $10,740.00 CDS /PR /CS -6/33 2. This resolution shall be in full force and effect from and after its adop- tion by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Kathy Baumgartner, Dir- ector of the Bureau of Housing, indicated it was necessary to receive Council ap- proval for these four houses to be rehabilitated. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolu- tion was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 43 -81 A BILL TRANSFERRING $473.50 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE CITY CLERK'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a mottion to set this bill for public hearing and second reading June 8, 1981, seconded by Council Member Dom- browski. The motion carried. ORDINANCE NO. 6916 -81 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $1,550,000 ECONOMIC DEVELOPMENT REVENUE BONDS (COLUMBIA PLACE ASSOCIATES PRO- JECT), SERIES 1981; CONFIRMING THE SALE THEREOF; AUTHORIZING THE LOAN OF THE PROCEEDS OF SAID BONDS TO COLUMBIA PLACE ASSOCIATES; AND A MORTGAGE, LOAN AND SECURITY AGREEMENT, A TRUST INDENTURE, AND A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. 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 oppo- nents were given an opportunity to be heard. Kevin Butler, attorney for Columbia Place, made the presentation for the bill. He indicated the bill should be amended, by accepting a substitute bill filed with the City Clerk. Council Member Kopznski made a motion to accept the amendment, seconded by Council Member Dombrowski. The motion carried. He indicated this project was to finance a 29,000 square foor office building to be located on the last scheduled parcel in Block 6. Council Member Szym- kowiak made a motion to pass this bill, as amended, seconded by Council Member Dom- browski. The bill passed by a roll call vote of nine ayes. .2 UNFINISHED BUSINESS Report from Area Plan - Bill Nos. 27, 28 and 29. Council Member Beck made a motion to set these bills for public hearing and second reading May 18, seconded by Council Member Taylor. The motion carried. NEW BUSINESS Sale of City -owned property: 1113 N. Burns; 1032 DeMaude; 1502 Taylor; 213 Scott; 217 Scott; 219 Scott, 221 & 223 Scott. Joseph Kernan, City Controller, indicated they would like to sell these properties in order to get them back on the tax rolls. Council Member Kopczynski made a motion to approve the sale of these properties, seconded by Council Member Beck. The motion carried. Council President McGann thanked Walter Kopczynski for the time he has served on the Council. There being no further business to come before the Council, unfinished or new, Coun- cil Member Dombrowski made a motion to adjourn, seconded by Council Member Beck. The motion carried and the meeting was adjourned at 10:25 p.m. ATTEST: City` Clerk