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HomeMy WebLinkAbout07-26-82 Council Meeting MinutesREGULAR MEETING JULY 26, 1982 Be it remembered that the Common Council of the City of South Bend met in the Coun- cil Chambers of the County -City Building on Monday, July 26, 1982, 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 Taylor, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: Council Member Beck !? REPORT FROM THE SUB COMMITTEE. ON MINUTES l i 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 July 12, 1982, meeting of the Council and found them correct. r The sub- committee, therefore,, recommends that the same be approved. �j /s/ Lewis A. McGann }i /s/ Beverly D. Crone i Council Member Szymkowiak made a motion that the minutes of the July 12, 1982, meet- ing of the Council be accepted and placed on file, seconded by Council Member Zielinski. - The - motion carried. #i SPECIAL BUSINES& j1 �i j: Henry.Ferrettie, County Commissioner, asked for a favorable recommendation on the dl relocation of the South Shore to the St. Joseph County Airport. He indicated they had received few negative responses from the general public, and they Mayor was thinking positive regarding this move. Council President McGann welcomed John J. Harris:, Jr., as a new Council Member. He also melcomed Joseph Serge buck from a recent illness. REGULAR MEETING JULY 26, 1982 REPORTS Council Member Crone indicated that the Personnel and Finance Committee had met on Bill Nos. 74 and 75 -82. She indicated the main issues addressed by the Committee; whether to accept the two year wage /salary figures for 1983 and 1984 for the Teamsters; whether to accept the percentage increases of 8.6 and 8.1; whether to accept the 5.4% increases proposed for the City Attorney, City Controller, City Engineer, and Park Department, all of which are multi- funded. She indicated that on the Community Development ordinance there is a substitute bill, which changes the time the salaries would go into effect. She indicated that after much discussion on Bill No. 74 -82, it was decided that they would recommend to the Council the basic idea of the 8.6 and 8.1% increase. She indicated that the substitute bill has incorporated a statement that 1984 salaries and wages are conditioned on the understanding of a balanced budget for 1984, and that there will not be property tax appeal pursued in order to pay for such salary and wage increases. She indicated that the Council approved in 1981 for 1982 the following salary for the City Attorney; General Fund - 30,398; Water Works - $2,920; Wastewater - $2,920, for a total of $36,238. She indicated that the Administration had proposed for 1983, the General Fund - $32,039; Water Works - $3,078; Wastewater - $3,078; Re- development - $3,162; for a total of $41,357. She indicated the percentage dif- ference would amount to a 14.13% increase. The Committee's recommendation to the Council that the 1983 salary be as follows; General Fund - $32,039; Water Works $3,078; Wastewater - $3,078; for a total salary of $38,195, which represents a 5.4% increase. She indicated that the Council approved the following salary for the City Engineer for 1982; General Fund - $20,923; Community Development - $2,222; Water Works - $2,920; Wasterwater - $2,920; totalling $28,985. She indicated the Admini- stration was proposing for 1983 the following; General Fund - $22,053; Community Development - $2,448; Water Works - $6,240; Wastewater - $6,772; for a total of $37,513, which represents a 29.4 %. She indicated that the Committee was recommend- ing the following 1983 salary; General Fund - $22,053; Community Development - $2,448; Water Works - $3,078; Wastewater - $6,772; for a total of $34,351; giving him an 18.5% increase. She indicated that the Committee made a motion to amend the following positions to a 5.4% increase; City Attorney, City Controller, City Engineer, Park Superintendent; Director of Utilities; and Executive Director of Century Center. She indicated there were a few other changes made. She indicated that the salary for the position of Director of Neighborhood Code enforcement be figured on an 8.5% increase. She indicated that the Committee recommended both these bills favorable, as amended. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zielinski. 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 July 26, 1982, at 7:30 p.m., with nine members present. Chairman Voorde presiding. BILL NO. 73 -82 A BILL AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 7 ENTITLED NOISE CONTROL. Council President McGann made a motion to continue public hearing on this bill until August'23, 1982, seconded by Council Member Harris. The motion carried. Council President McGann made a motion to combine public hearing on Bill nos. 74 and 75 -82, seconded by Council Member Harris. The motion carried. BILL NO. 74 -82 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1983, AND ALSO FOR TEAMSTER EMPLOYEES FOR THE YEAR 1984. BILL NO. 75 -82 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE COMMUNITY DEVELOPMENT PROGRAM FOR THE PERIOD FROM JULY 1, 1982 TO JUNE 30, 1983 AND JANUARY 1, 1983 TO DECEMBER 31, 1983. Now is the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Mayor Parent made'the presentation for the bill. He indicated these bills would not require an appeal of the tax levy in 1983. He indicated this has been done by saving and efficency; the appeals we have received are incorporated into the budget; and we are spending proportionately a smaller amount of monies on capital goods and maintenance. He indicated that multiple funding of some positions came about because of a lack of money in the General Fund to fund City expenditures, it was necessary to go out to different units,such as the Utilities and Community Development to ask them to pay their fair share of the overhead of running the City. He indicated this was confusing to the Council Members, as well as the public. He indicated he would like to have an in- direct cost study made to find out how much money the Utilites and Community De- velopment should pay to the General Fund, as miscellaneous revenues. He indicated if that was done all positions could be paid from the General Fund. He indicated that the proposed salary for 1983 was 8.6% for the Teamsters and other City employees. He indicated that department heads, as defined by State law, have been recommended at 5.4 %. He indicated that the salary for the City Attorney and City Engineer has been under discussion. He indicated the impression has been given that appropriate procedures had not been followed. He indicated that they had taken on additional responsibilities and were entitled to salary compensation. He indicated that in the REGULAR MEETING JULY 26, 1982 matter of the City Attorney, the Redevleopment Department approved this money, and he would not have the liberty to rescind the increase. He indicated that he had distributed an ordinance proposing what the Personnel & Finance Committee wanted done._ Council President McGann made a motion to accept the substitute versions and bill 74 -82 and 75 -82 which are on file with Clerk be accepted, seconded by Council Member Serge. The motion carried. Jane Swan, 1706 S. Walnut, indicated that the Mayor stated in the news media that the Council committee studying the City Budget, misconstrued salary increases and mislead the public. She indicated that the public was not mislead. She indicated that what was misleading was injecting politics into the budget hearing, as well as giving raises after civil budgets have been approved and passed. Council Member Crone indicated that the salary increases for the City Engineer and City Attorney have been not been brought out front because of a vendetta against these two people, the problem is that the additional compensation given to these,.employees without approval of the Council, which has to be done, according to the Municipal Code and State Statute. She indicated that at the time the review was made they did not question whether they are entitled to the increase, or whether theY are doing the additional work, this is something that the Council will be looking for at the time the Mayor comes with an additional compensation ordinance, not only for these two positions but any other position in the City. Council Member Szymkowiak made a motion to recommend Bill No. 74 -82, to the Council favorable, as amended, seconded by Council Member McGann. The motion carried. Council Member Mcgann made a motion that Bill No. 75 -82 be recommended to Council favorable, as amended, seconded by Council Member Zielinski. The motion carried. BILL NO. 77 -82 A BILL APPROPRIATING $733.00 FROM THE DISCOVERY HALL FUND FOR TRAVEL EXPENSES. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Gus Saros, Director of Discovery Hall, made the presentation for the bill. He indicated these funds were to be used to finance a trip to Seattle to discuss display of the Studebaker Collection. Coun- cil President McGann made a motion this bill be recommended to the Council favor- able, seconded by Council Member Zielinski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member McGann made a motion to rise and report to the Council, seconded by Council Member - Zielinski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED T mmz. C m 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 8:00 p.m. Coun- cil President McGann presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7080 -82 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF.SOUTH,`BENDyI`NDIANA::-- ?FOR_THE YEAR_1983,-AND ALSO = - FOR - :TEAMSTER EMPLOYEES FOR THE YEAR 1984. This bill had second reading. Council Member Szymkowiak made -a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Szymkowiak made a motion to pass this bill as amended, seconded by Council Member Zielinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7081 -82 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE COMMUNITY DEVELOPMENT PROGRAM FOR THE PERIOD FROM JULY 1, 1982 TO DECEMBER 31, 1983 AND JANUARY 1, 1983 TO DECEMBER 31, 1983. This bill had second reading. Council Member Serge made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Szymkowiak. The motion carried. Council Member Serge made a motion to pass this bill as amended, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7082 -82 AN ORDINANCE APPROPRIATING $733.00 FROM THE DISCOVERY HALL FUND FOR TRAVEL EXPENSES. 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 eight ayes. RESOLUTIONS RESOLUTION NO. 975 -82 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTLENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND JOHN A. LEVY, TIMOTHY MATHIAS, AND CHARGES C. DAVIS PROVIDING FOR THE ISSUANCE BY SAID CITY OF LITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 18, ARTICLE 6, CHAPTER 4.5, AS AMENDED. The area still has insufficient employment opportunities and insufficient di- versification of industries, which conditions are harmful to the economic stability REGULAR MEETING JULY 26. 1982 and general welfare of the area and, if not remedied, will be detrimental to the development of such area. =The City of South Bend, Indiana (the "City ") is authorized under the provisions of \Indiana Code, Title 18, Article 6, Chapter 4.5, as amended (the "Act "), to ac- quire }, construct and finance economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. 1-1, City, in order to implement the public purposes enumerated in the Act and in- furtherance thereof to induce John A. Levy, Timothy Mathias, and Charles C. Davis (the= "-Borrower ") to purchase and prepare land, purchase, renovate and move a build - rig to -'said land, and purchase equipment, furnishings, and fixtures (hereinafter collectively called (the "Project ") within the limits of City of South Bend, Indiana, has - indicated its intent to issue its revenue bonds under and pursuant to the provisions of -the Act and to apply the proceeds therefrom to the payment of the costs of the Project. 'The Borrower, after considering a number of possible locations within and out - side -the State of Indiana, and in reliance upon the intent of the City to finance the Project through the issuance of revenue bonds under the provisions of the act, has - determined to construct the Project within the limits of City of South Bend, Indiana . It is now deemed advisable to authorize the execution and delivery by the City of �ajm6morandum of Intent expressing formally and in writing the understanding here- tofore formally agreed upon by the City and the Borrower. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: 11 SECTION 1 The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Borrower and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same,- and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted, and executed by Borrower, said Memorandum of Intent, which is hereby approved and incorporaterd by reference and made a part of this authorizing resolution, to be in substantially the form attached hereto. SECTION 2 All resolutions and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption. This inducement 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. Daniel Pfeifer, attorney representing the General Micro Computer, indicated this $275,000 bond issue would be used to finance the move of a hom at 518 N. Lafayette to the southeast corner of Washington and William for use as its office. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 78 -82 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN.AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (INWOOD AND IRONWOOD.) This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading August 9, 1982, seconded by Council Member Taylor. The motion carried. BILL NO. 79 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LICENSES, AND BY THE ADDITION OF SECTION 4 -42 ENTITLED PARAPHERNALIA. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading August 9, 1982, and refer it to the Per - sonnel & Finance Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 80 -82 A BILL APPROPRIATING $25,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8205, EDISON ROAD IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Voorde made a motion to refer this bill to the Utilities Committee, seconded by Council Member Crone. The motion carried. REGULAR MEETING JULY-26, 1982 BILL NO. 81 -82 A BILL APPROPRIATING $350,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8204, SCARIFICATION AND PAVEMENT IMPROVEMENTS 1982, WITHIN THE LOCAL ROAD AND STREET FUND. I This bill had first reading. Council Member Voorde made a motion to refer this bill I to the Utilities Committee, seconded by Council Member Crone. The motion carried. i , BILL NO. 82 -82 A BILL AMENDING THE EFFECTIVE DATE OF ORDINANCE NO. 7058- 82, COMMONLY KNOWN AS AUTOMOTIVE REPAIR AND SERVICE I CENTERS. i This bill had first reading. Council Member Voorde made a motion to set this bill j for public hearing and second reading August 9, 1982, seconded by Council Member Serge. The motion carried. UNFINISHED BUSINESS Council Member Voorde made a motion to set Bill No. 60 -82 for public hearing and second reading on August 9, 1982, seconded by Council Member Serge. The motion carried. There being no further business to come before the Council, unfinished or new, Coun- cil Member Crone made a motion to adjourn, seconded by Council Member Zielinski. The motion carried and the meeting was adjourned at 8:10 p.m. ATTEST :, APPR VED: f City Clerk resident J