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HomeMy WebLinkAbout01-19-76 Council Meeting MinutesREGULAR MEETING REGULAR MEETING - JANUARY 19, 1976 JANUARY 19, 1976 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, January 19, 1976, at 7:00 p.m., Council President Roger 0. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent. ABSENT: Councilman Serge Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Horvath. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, January 19, 1976 at 7:06 p.m., with eight members present. Chairman Horvath presided. Councilman Horvath thanked the Councilmen for their support in his behalf in electing him Chairman of the Committee of the Whole. He said he was looking forward to working with the Coun- cilmen and the public. He commended Odell Newburn f -os the tremendous job he did as Chairman of the Committee of the Whole. II ORDINANCE AN ORDINANCE APPROPRIATING $15,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Adams made a motion to continue the ordinance to the February 9, 1976, regular meeting of the council, seconded by Councilman Miller. The motion carried. II (1VnTAT21MnL1 AN ORDINANCE APPROVING THE APPROPRIATION OF $1,140 FROM THE URBAN REDEVELOPMENT FUND TO SERVICES CONTRACTUAL ACCOUNT #269 FOR SECOND YEAR RENTAL ASSISTANCE PAYMENT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Keith Crighton, director of the Bureau of Housing made the presentation for the ordinance. He said the second year rental assistance payment was to have been made on January 29, 1975, however, the Council failed to appropriate funds at that time. Therefore, the city owes $1,140 as a second and final relocation payment. Marchmont Kovacs, of the South.Bend Tribune, asked for the name of the party. Mr. Crighton did not think he should make the name known due to legal complications. The City Attorney, Mr. Tom Brunner, said he did not know what the statute read. Chairman Horvath recommended not releasing the name until it could be researched legally. He asked the City Attorney to make a decision and report it to the Clerk. Mr. Brunner said he would be happy to do that. Councilman Kopczynski asked the standard length of time they continued to pay rental assistance. Mr. Crighton stated that in this case, no more than one year. He is a displ,aced'person, who was relocated on November 8, 1972. The first payment was due November 9, 1973, but the money was not made available until January 29, 1974. Councilman Horvath said that this was the first time this has come before the Council. Mr. Crighton said that the reason this was before the Council was that no money was appropriated last January under the Urban Redevelopment fund, and because this case was outstanding, it required an ordinance. Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor.. The motion carried?:_ 11 ORDINANCE AN ORDINANCE APPROPRIATING $195,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY RE- ferred to as general revenue sharing, for VARIOUS FIRE EQUIPMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF SAFETY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Chairman of the Board of Works, made the presentation for the ordinance. He stated that on December 15, 1975, the Board of Public works reviewed bids received for three pumpers. He said that bids from Midwest Fire and Safety Equipment Company, Halterman General Fire Equipment, Ward LaFrance, Shamrock Ford, were rejected due to several reasons; such as, did not meet specifications, in that they did not bid a five - passenger cab, or the bids were too high. With these eliminations, Peter Pirsch & Sons and Michiana Mack, Inc., were under consideration. The Pirsch bid is $15,958.00 less than Michiana Mack. However, the Pirsch unit, as bid, is too high to fit into several existing stations. A modification was possible, by mounting side lights, however, they are not standard emergency vehicle mounting, and exposes the light to sideswipe damage. Also, the Pirsch unit is 322 inches long, or 39.25 inches longer than Michiana Mack's unit, which places it at a dis- advantage in maneurvering the narrow streets and alleys. There is a total of five Mack units now in the fleet. Selection of Macks for the new equipment would increase our standardization. For these reasons, the Board of Public Works accepted the Fire Chief's recommendation toward the contract to Michiana Mack. He also said that the trade -in allowances are based on trading in only two units. The two remaining units are considered acceptable for back -up units and will be kept in service, with one unit being maintained in a condition for first line service. REGULAR MEETING JANUARY 19, 1976 The delivery date for Peter Pirsch and Sons is twelve to fourteen months, while Michiana Mack has promised delivery of one unit in 120 days, one unit in 150 days and one unit in 180 days. Mr. Farrand said it was the opinion of the Board of Public Works that both Peter Pirsch and Sons Company and Michiana Mack, Inc., provide excellent equipment. However, the advantages of standardization of equipment outweigh the cost savings reflected in this specific instance. Fire Chief Snider said he invited the Councilmen to look at the Peter Pirsch, since we do not have any in service. He said that two Councilmen did go to the factory in Kenosha, Wisconsin. He stated that he felt that the Peter Pirsch chassis was comparable with the Mack, but the custom work was far superior. Councilman Horvath said that it was his understanding that while at the Pirsch factory they did not see a truck comparable with the one they would bid on. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, said that he recalled in the Board of Public Works meeting, when the decision was made, he raised an objection because they were not purchasing the lowest price unit. The trucks and equipment are growing larger, year by year and eventually the City of South Bend is going to be faced with getting any new equip- ment into the fire house, so there will be a need to make fire station doorways larger to accomodate new equipment. In regard to standardization of the fire fleet by using Macks, Mr. Evans expressed concern that eventually this might remove the City from competitive bidding. I appreciate the desire to standardize, if it were my fleet I certainly would, but we give up something when we do this. Mr. Ronald Delcamp, Vice President and General Manager of Michiana Mack, said that on approxi- mately December 20, 1975, he received a letter of intent from the Board of Works. In order to maintain the fast delivery we quoted, I committed Michiana Mack for three fire trucks to the City of South Bend, which I now own, and I think this is a fact that should be considered. He said that had this been a scratch order it would be different situation, because at this point we would just be involved in the basic work, but now we are at the point of an order that should be six or eight months down the line. He said that Mr. Evans has a point that standardi- zation removes the competition factor. However, as long as your specifications are comparable, you can go with two manufacturers. So I do not believe that by buying Michiana Mack pumpers you are by any means locked into a situation. Mrs. Jane Swan, 2022 Swygart, asked if the side mounted lights would be on one side or both. Chief Snider said there would be one on each side or on the hood with a reflector. Mrs. Swan asked that since the side mounts were a variation from the specifications would there be an additional charge, and Chief Snider said, No. Mr. Brad Tinkham, President purchased three chassis and one of the hazards of doing zation of equipment but he two makes, but not one. He bid. of Shamrock Ford, said that prior to he now owns them and cannot bid them business. He said there was a great did not know of a major truck fleet t] wanted to know what dollar value you rejection of his bid he had to the City, he said that was deal of validity in standardi- zat standardized on one make, standardize on the low or high Councilman Taylor said he would like to know the delivery dates on the Mack and the Pirsch. Mr. Farrand said that two Macks would be delivered in approximately six months and the third twelve to fourteen months. All three Pirsch have twelve to fourteen months delivery dates. Council- man Taylor said that both ex -chief Bland and Fire Chief Snider say there is a real need, so I do think one of the facts involved is the potential for delivery date. Chief Snider commented that Pirsch is superior on their workmanship, and I would like to know what you base your opinion on. Chief Snider said he based it on past experience with Macks, he said they were having a lot of minor problems. Councilman Taylor said it was his understanding that most of the people on the Department were happy with the Macks. Chief Snider indicated they were happy becau they are upgraded over the older equipment. Councilman Taylor said that he respected Mr. Farrand judgement, and said he thought Council was getting close to an affair that belonged to the Board of Works. He said he did not think Council should make the decision and would recommend that Council appropriate the necessary amount of funds for the purchase. Councilman Kopczynski said that at the time the bids were submitted the previous Board of Works sent a letter of intent to purchase the Macks, and they did not have any knowledge of the Pirsch equipment. It was only last Friday that Mr. Farrand went with the group to the Pirsch factory. As far as getting into the area of the Board of Works, I feel under certain circumstances we would not be doing our job as Councilmen if we did not review these decisions. It is our duty as Councilmen to make certain the money we appropriate is spent wisely. These are the types of things I get into and I think fortunate for the City I do, that is for the taxpayer. I cannot put stock in some of the recommendations of the administration. I think it is very unfair we Ka- to appropriate money for a purchase that should have taken more time to get into and not have a crash program to buy fire trucks. I feel the money should not be appropriated at all until such time as the Board of Works will take the necessary time to deliberate fully and openly on bids for fire trucks. Councilman Adams asked if the Macks would fit in all existing stations. Chief Snider said with the specified lights they will not fit. However, an arrangement was made to put a lower profile light that will fit into the fire stations, but this was not in the specifications. Councilman Adams questioned Mr. Farrand regarding the savings of $16,000.00 by accepting the Pirsch bid, however, in caucus it was indicated there would be another $3,000.00 savings by paying a down - payment. Mr. Farrand said that we cannot, in accordance with state law, make a down payment. Councilman Dombrowski indicated he was disappointed they did not see an actual truck when they visited the Pirsch factory. He said he thought the maneuverability of the Mack was best, and this was a big point to consider. He indicated he visited some fire stations, and they recommended the Mack highly. He said that in the First District there is a truck that cannot make a hill, so he would recommend favorably the Council pass this tonight. Council President Parent seconded the motion. Council President Parent indicated the Council should not be involved in the type of fire truck the City is going to purchase. All the Council, in December, wanted Macks, now they feel they do not want Mack trucks. The Board of Works made the decision, a letter of intent was written to the company, and the Council was asked if they had any objection to writing the letter and there was no objection. REGULAR MEETING JANUARY 19, 197ti City Attorney, Thomas Brunner, indicated they had researched the question in regard to the letter of intent, and it is their conclusion that the letter of intent is a binding contract, subject to approval of necessary funds. (Councilman Szymkowiak asked Chief Snider his opinion on how long we could wait to replace these fire trucks. The chief indicated, not very long. Councilman Miller indicated % will be in operative service. said the trucks that will be and Station 7 (Portage). He e would like to know what trucks were being traded in, and which Mr. Richard Strychalski, chief mechanic for the Fire Department, replaced are at Station 8 (Twyckenham Hills), Station 5 (Prairie), indicated that the three they would trade in were not operable. Councilman Miller asked if it was necessary that we purchase all three units. Chief Snider said it was a package deal. Mr. Farrand said they intended to buy three units from the start. Councilman Miller, said he asked Mr. Farrand to research this in the last caucus meeting. Council man Miller indicated we definitely need two units, and considering the twelve to fourteen months lead time, we should enter into some bids for 1977 and 1978 for an additional two units. He indicated that his recommendation was that this ordinance be reduced to $130,000.00 for the purch- ase of two Michiana Mack trucks, and enter into bids for two more units, which could be from an- other company, with open specifications and research into the subject. Councilman Miller recomm- ended an amendment to reduce the ordinance from $195,000.00 to $130,000.00, seconded by Council - man Kopczynski. 'Council President Parent indicated the motion to amend the ordinance is out of order. I do not see how we can do it. City Attorney, was consulted, and Mr. Brunner said he would tend to agree. Councilman Miller said that the motion on the floor should be amended by adding the words "be !referred to the Council favorably ". He said he would like to move it be referred to the Council 'favorably, with the recommendation to cut the amount from $195,000.00 to $130,000.O0,seconded by Councilman Kopczynski. It was the feeling of several members of the Council that this was basically the same motion. Mr. Thomas Brunner, said that it was a legal opinion, but the City (could be open to litigation. Councilman Miller said he would like to still make a motion to amend to $130,000.00, seconded by Councilman Kopczynski. !Council President Parent said he would like to urge the Council to not amend the ordinance. He said we need the three trucks and we need them fast. He said he would recommend we do not vote (favorably on the action. Councilman Adams asked if the new members of the Board of Works wished the Council to delay this. She said they had mentioned that if the Council passed the ordinance the Board would have no alternative but to go with the Mack. City Attorney, Thomas Brunner, said that the Board of Public Works entered into an agreement, and if the Council appropriated funds, the City would have no alternative. Councilman Adams asked if this was unfavorable to the Council, will you review the two bids. Mr. Brunner said it would be his personal opinion that the City would be back to number one, in other words, we have to rebid. �lCouncilman Kopczynski said he thought this action should go to the Council unfavorably. Mr. Delcamp said that Michiana Mack gave trade-in allowance. He said they would have all units delivered by the end of the year. He said as far as delaying the purchase of another piece of equipment, the supplier already had a new price sheet as of January 1. Consequently, if you buy them at a later date, they will be at a higher price. Councilman Horvath said he would recommend that the Council approve the money for all three trucks since the City is in dire need, and a few thousand dollars is not worth the cost of lives. Council President was defeated by a Parent), to three Parent called for the question on the amending of the ordinance. The amendment roll call vote of five nays (Councilmen Taylor, Adams, Dombrowski, Horvath, ayes (Councilmen Szymkowiak, Miller and Kopczynski). Councilman Miller made a motion the ordinance be recommended to the Council favorably, seconded by Councilman Taylor. The motion carried with a roll call vote of seven ayes (Councilman Szymkowiak, Miller, Taylor, Adams, Dombrowaki., Horvath and Parent) Councilman Kopczynski opposed. AN ORDINANCE APPROPRIATING $7,191.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Thomas Brunner, City Attorney, made the presentation for the ordinance. He said that this ordinance would provide Revenue Sharing funds for continuation of a program started two years ago. The purpose is to provide funds for environ- mental and public safety purposes. He asked that the ordinance be amended in Section I under FA 97 "Deputy City Attorney ", to Read "For Environmental and Public Safety Purposes ". He said the program was initially recommended by Mr. Roemer, and that he enthusiastically endorsed it. Councilman Kopczynski made a motion to amend motion carried. Councilman Kopczynski made to the Common Council, as amended, seconded II ORDINANCE This being the time opponents were given presentation for the intern program. He and deputy attorney. the ordinance seconded by Councilman Taylor. The a motion that the ordinance be reconunended favorably by Councilman Adams. The motion carried. AN ORDINANCE APPROPRIATING $18,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. heretofore set for public hearing on the above ordinance, proponents and an opportunity to be heard. Mr. Thomas Brunner, City Attorney, made the ordinance. He said this ordinaxace.would provide continued funding for the said we presently have three interns that do research for the cit ` ttorn He said it was his opinion that without the services of these su�entsiYieir 1 1 u I REGULAR MEETING JANUARY 19, 1976 , ability to give quick and proper answers to each department would be hampered. He said this was an increase of $3,000.00 over the amount requested last year, and the reason was that they wanted to make the program competitive. He said the hourly rate is presently $3.50 per hour and they would like to increase it to $4.00. Councilman Taylor asked if the city was able to get interns at the $3.50 rate. He asked if the program would be put in jeopardy if they amended the ordinance to the $3.50. Mr. Brunner said he would be hampered getting the better students. He said he thought a student given a choice between $3.50 and $4.00 would take the $4.00, that other places are offering. Councilman Taylor said he thought the intern was the one that benefitted by working the City. Councilman Taylor said he would like to make a motion to amend the ordinance to reflect a salary of $3.50 per hour, which Mr. Brunner confirmed would be a total of $15,137.00. Councilman Taylor made a motion to amend the ordinance to $15,137, seconded by Councilman Dombrowski. Councilman Kopezynski said he felt the $4.00 should be retained because of the quality of help. Councilman Parent asked what the current rate of pay was for this kind of work elsewhere. Mr. Brunner said an example would be the prosecutor's office, they are paying $4.00 an hour. He said it was his understanding that there was a local law firm paying in excess of $4.00 per hour. Mr. Brunner said that the city Attorney's office was "low man on the totem pole" as far as salaries were concerned. Council President Parent asked for a comprehensive report from Mr. Brunner on this problem, as well as the going rate of pay. (Councilman Horvath said he sympathized with the city attorney, but we have the same problem in many departments. He said if there was any possibility of saving money, he thought we should. Councilman Szymkowiak said he agreed with Mr. Brunner. He said we had many interns paid $3.00 per Ko-ur and they did not do the work. He said he would go along with the 50-� increase to.get better performance. Councilman Dombrowski questioned the turnover of interns during the summer. Mr. Brunner stated that some of them lived out of the city and they returned home for the summer. He said we might be able to induce them to stay if the $4.00 is approved. Councilman Szymkowiak said there were a couple of interns that attended other universities that came to South Bend and worked during the summer, and they had experience. A roll call vote was taken for the amendment and defeated by four nays (Councilman Szymkowiak, Kopczynski, Adams and Parent. There were four ayes (Councilman Miller, Taylor, Dombrowski and Horvath). Councilman Taylor made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Adams. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5906 -75 AMENDING SECTIONS 20 -18 AND 20 -55, CHAPTER 20, VEHICLES AND TRAFFIC, IN THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA 1971. This being the time heretofore set for public hearing on the above 'ordinance, proponents and opponents were given an opportunity to be heard. Council President Parent made the presentation for the ordinance. Council President Parent said that before Christmas there was an ordinance to make parking free on Saturdays and Mondays on the consideration funds were appropriated. This ordinance would make parking on Saturdays and Mondays free. He said he thought the development of downtown needed support. He said he Was not arguing for free parking, just on Monday nights and Saturdays only. He said it would cost the city about $20,000 per year to do this, and the Council will have to appropriate funds to do this. He said he urged the Council to pass the ordinance. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, said that he did not object to the ordinance. He only hoped the enactment of this ordinance does not force the city of South Bend into an unfavorable position in regard to the parking garages. Council President Parent said they had discussed the impact on the bond holders, and he had been told the bond holders were only interested in the bills being paid. Mayor Nemeth said he did not think the passage of this ordinance would place the city in an unfavorable position with the garages. He said they all realized with the passage of this ordinance they will have to do something for the funding of the garages. He said this will also cause a decrease in the revenue as far as meeting the bond payments. Mrs. Irene Mutzl, 310 Parkovash, a representative of the Fair Tax Association spoke in favor of more downtown parking. She said the two hour parking has become popular. Councilman Szymkowiak asked if Council President Parent had checked with the downtown merchants to see if they were willing to help with financing. Council President Parent said that during the holdidays they made a commitment, and there was a possibility they might be able to help. Councilman Szymkowiak said that he would recommend that if this increased their sales after the first three months they should be willing to help. Councilman Adams said she would like to ask that a letter be written to the merchants that this is for customers only, and their employees should not park on the street. Councilman Miller said he was in favor of more downtown parking, and he would like to recommend the lots next to Business Systems and South of Penny's. He said he would have to vote nay on this ordinance because it is contrary to the bond issue. Despite the indications that the bond holders might not file suit he said he has been lead to Believe it is in conflict. He said he thought that we needed to provide free parking but there are other ways of doing it. REGULAR MEETING JANUARY 19 1976 (Councilman Dombrowski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $24,252.00 FROM ACCOUNT #110.0 WITHIN THE DEPARTMENT OF SAFETY BUDGET TO ACCOUNT #110.0 "SALARIES AND WAGES ", WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mayor Nemeth made the presentation for the ordinance. Mayor Nemeth asked that the ordinance be amended as follows; the present Section III would become Section IV, and a new Section III be inserted to read "Each member of the Board of Safety shall be compensated at the rate of $1,200, as provided by law." Also, the figure $24,252.00 be reduced by $3,600, which would remain in the Department of Public Safety budget. The Mayor explained that the Downtown Development committee would only be in existence for only six months, therefore, the secretarial services would only be needed for that length of time. The Mayor explained his need for an administrative assistant. He said that this would be an enforcing arm of the mayor. He said the administrative assistant would monitor department heads and see that directives are being followed. He said that the assistant would assist him in doing the duties of his office. Mrs. Jane Swan, 2022 Swygart, said she could not speak against the administrative assistant, but concerning the Board of Safety, she felt $1,200 was not adequate. She said that these people have to put up with a lot of grief, and they deserve more than $1200.00. Councilman Taylor said he wished that this had been a part of the Mayor's campaign. He said there was much to do about dismantling the cabinet form of government, and actually we still have the same cabinet. Mayor Nemeth said we do not have the same number in the administration, since we do not have a safety director. Councilman Kopczynski made a motion to amend the ordinance, seconded by Councilman Szymkowiak. The motion carried. Councilman Taylor made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Dombrowski. The motion carrried. ATTEST: City Clerk ATTEST: Chairman (Council President Parent announced there would be a short recess, since the Council had not finished their caucus. REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common. Council of the City of South Bend reconvened in the Council Chambers at 9:25 p.m., Council President Parent presiding, and eight members present. (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 19, 1976, regular meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. S/ Roger 0. Patient Councilman Dombrowski made a motion that the report be accepted as read, placed on file and minutes be approved, seconded by Councilman Kopczynski. The motion carried. the REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Adams. The motion carried by a roll call vote of eight ayes (Councilman Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent.) ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE APPROPRIATING $15,000.00 MROM THE FEDERAL ASSISTANCE GRANT COM- MONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Taylor made a motion to continue the ordinance, to the February 9, 1976, regular meeting of the Council, seconded by Councilman Adams. The motion carried. 1 1 1 1 REGULAR MEETING JANUARY 19, 1976 ORDINANCE NO. 5941 -76 AN ORDINANCE APPROVING THE APPRORRIATION OF $1,140 FROM THE URBAN REDEVELOPMENT FUND TO SERVICES CONTRACTUAL ACCOUNT #269 FOR SECOND YEAR RENTAL ASSISTANCE PAYMENT. This ordinance had second reading. Councilman Horvath made a motion to pass the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Councilman SzymkowiaX Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ARDINANCE NO. 5942 -76 AN ORDINANCE APPROPRIATING $195,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS FIRE EQUIPMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF FIRE SAFETY. This ordinance had second reading. Councilman Horvath made a motion to pass the ordinance, seconded by Councilman Dombrowski. The ordinance passed by a roll call vote of seven ayes (Councilmen Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent) and one nay Councilman Kopczynski. ORDINANCE NO. 5943 -76 AN ORDINANCE APPROPRIATING $7,191.00 FROM THE FEDERAL ASSISTANCE GRANT COM- MONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Horvath. The motion carried, Councilman Szymkowiak made a motion to pass the ordinance, as amended, seconded by Councilman Dombrowski. The ordinance passed by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5944 -76 AN ORDINANCE APPROPRIATING X18,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY RE- FERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5945 -76 AN ORDINANCE AMENDING ORDINANCE NO. 5906 -75, AMENDING SECTIONS 20 -18 AND 2055, CHAPTER 20, VEHICLES AND TRAFFIC, IN THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Szymkowiak made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of six ayes Councilmen Szymkowiak, Taylor, Kopczynski, Adams, Dombrowski, and Parent) and two nays (Councilmen Miller and Horvath). ORDINANCE NO. 5946 -76 AN ORDINANCE TRANSFERRING THE SUM OF $24,252.00 FROM ACCOUNT #110.0 WITHIN THE DEPARTMENT OF SAFETY BUDGET TO ACCOUNT #110.0 "SALARIES & WAGES ", WITHIN THE MAYOR'S BUDGET, ALL ACCOUNTS BEING WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND, Indiana. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried. Councilman Taylor then made a motion to pass the ordinance, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTIONS: RESOLUTION NO. 504 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF EIGHT CONTRACTS IN EXCESS OF $5,000 FOR REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts under the Community Development Housing Program in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for eight properties to be rehabilitated under the Community development Housing Program have exceeded $5,000. 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 Madison Builders, Inc., for the rehabilitation of the following properties: Lots 79 -80 A. G. 752 N. Cleveland $6,342.00 Cushings 4th REGULAR MEETING JANUARY 19, 1976 Lot 14 Pleasant Home Addn. Lot 19 W. A. Lintner's Addn. Lot 80 Birner Place Lot 4 Pleasant Home Addn. Lot 23 Orchard Hgts. 656 LaPorte Avenue $6,354.00 537 N. Cleveland $6,39,6.00 515 N. Cleveland $5,556.00 672 N. Lawndale Ave. $6,473.00 504 N. Euclid Ave. $7,515.00 2. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Ted Combs Decorating and Construction Company for the rehabilitation of the following property: Lot 82 Wenger's 4th 623 E. Keasey St. $6,189.35 3. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Slatile Roofing & Sheet Metal, Inc. for the rehabilitation of the following property: Lot Q Elder's Place 409 E. Paris St. $7,900.00 4. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. S/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Keith Crighton, director of the Bureau of Housing gave the following reason for the resolution,, He said that all contracts under the Community_ Development Housing Program inIexcess of $51000 must be approved.by _the Common Council. He said the low bids.-.-for the eight properties to be rehabilitated have exceeded $5,000. He asked that approval be granted to the Redevelopment Commission to enter contracts with Madison Builders, Inc., Ted Combs Decorating & Construction Company, and Slatile Roofing & Sheet Metal Inc., for the rehabilitation of these eight properties. Mrs. Jane Swan, 2022 Swygart, asked if there was a breakdown on just what this work will cover. She said that maybe the bids were all right, but it bothered her to see $6,300 being put into a home for just renovations. Council President Parent asked if a breakdown was available, and i Mr. Crighton said he would send a copy to Mrs. Swan. Councilman Kopczynski asked if Mr. Crighton could tell him the market value of the property. He said in the future when they have to approve these bids he thought the Council should know the market value of the property before the rehab work is done. He said he would like this informa- tion on a going -ahead basis. He also asked how many contractors were presently active in bidding. Mr. Crighton said there were presently nine. Mr. Kopczynski said he thought it would be of intere to know the breakdown of bids let out to each contract. Mr. Crighton said he was preparing full reports for Redevelopment and would send a copy to the Council. Councilman Szymkowiak said he thought it would; be a good idea to take before and after pictures. Mr. Crighton said in many instances such a picture would not show much because most of it is in- side work. Councilman Horvath said it bothered him that they were putting that much money in inside work. He said he was sure some of these homes are not worth $6,000. Council President Parent said that many on the Council really felt that cosmetic work is important and it reflects on the entire area. Councilman Miller made a motion to adopt the resolution, resolution was adopted by a roll call vote of eight ayes Kopczynski, Adams, Dombrowski, Horvath and Parent). II ORDINANCES, FIRST READING seconded by Councilman Taylor. The (Councilmen Szymkowiak, Miller, Taylor, ORDINANCE NO. 5947 -76 AN ORDINANCE TRANSFERRING THE SUM OF $13,000.00 FROM ACCOUNT #110.0 "SALARIES & WAGES TO ACCOUNT #260.0 OTHER CONTRACTUALS. BOTH ACCOUNTS BEING WITHIN THE COMMON COUNCIL'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). The ordinance then had second reading. Council President Parent made the presentation for this ordinance. Council Vice President Dombrowski chaired this portion of the meeting. Coun President Parent said that this ordinance was for legal services for the Council. Council Vice President Dombrowski asked if there were any questions by the public, and if not, he was referr- ing this back to the Council. Council President Parent made a motion to pass the ordinance, seco ed by Councilman Horvath. The ordinance passed by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). I 3t A 1 1 1 C y1. REGULAR MEETING JANUARY 19, 1976 ORDINANCES, FIRST READING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $200,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED TO THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF STREETS. This ordinance had first reading. Councilman Adams made a motion to set the ordinance for public hearing and second reading on February 9, 1976, seconded by Councilman Taylor. The motion carried. PRIVILEGE OF THE FLOOR Mr. Walter T. Kopczynski, 832 South Greenview, said he would like to invite the press to take a tour with me to take pictures of defects on the fire trucks. He said he thought it only proper to take the photos for the record Councilman Horvath asked Mr. Kopczynski if he felt the Fire Department mechanic were not doing their job. Council President Parent said he would nominate Marchmont Kovacs to go with Mr. Kopczynski. UNFINISHED BUSINESS In regard to the appeal of James Locker, of Locker Realty, regarding Area Plan's decision on fina site plan, Council President Parent said that if the Council felt this was not a major change the could approve of the rezoning. Councilman Miller said that the amended site plan was not a major change. Councilman Miller made a motion that the appeal be granted, seconded by Councilman Taylo The motion carried. Council President Parent instructed the City Clerk to send a letter to that effect to James Locker. Councilman Taylor made a motion that a liaison between the Board of Public Safety and Council be established, seconded by Councilman Miller. Councilman Kopczynski made a motion that Councilman Szymkowiak'be appointed to that post, seconded by Councilman Taylor. The motion carried. Councilman Taylor made a motion to set up a special committee on Older Adults, seconded by Counci man Horvath. The motion carried. I Council President Parent announced the following appointments: South Bend Civic Center Board of Managers: Thomas - Brubaker, 2 years; Peggy Carberry, l year; Stanley Ladd, 2 years; Terry Miller 3- years. Urban Observatory Policy Board, Mary Christine Adams. Human Rights Commission, Al Wats n. Historic Preservation,- Ted Wasielewski. Area Plan, Joseph Serge. St. Joseph County Task Force on Drug and Alcohol Abuse, Barbara Warner, Mrs. Anthony Peters, Mr. Sebastian Nowicki. Police Merit Board, Dr. Lillian Stanton. Councilman Taylor made a motion that these appointments be made, seconded by Councilman Miller. The motion carried. NEW BUSINESS In regard to the sale of city -owned real estate at 513 E. South Street, Councilman Kopczynski asked Mr. Rollin Farrand, Chairman of the Board of Works if he knew the size of the lot and the selling price. Mr. Farrand said it was a standard size lot. Councilman Kopczynski asked if it was adjacent to any choice real estate. Mr. Farrand said he was not aware of anything unusual ,ini the sale. Mr. Farrand said that the selling price is established by two appraisals. Councilman Kopczynski said he thought the Council should have a layout of the area involved. Mr. Farrand said they could supply the Council with any information they desire. There seemed to be no ob- jection to the sale of the property. There being no-further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Miller. The motion carried, and the meeting adjourned at 10:10 p.m. ATTEST =: APPROVED: CITY CLERK PRESIDENT ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING FEBRUARY 9, 1976