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HomeMy WebLinkAbout01-24-77 Council Meeting MinutesREGULAR MEETING JANUARY 24, 1977 REGULAR MEETING 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 24, 1977, 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: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None Council Member Serge made a motion to resolve into the Committee of the Whole, seconded by Counc Member Taylor. 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, January 24, 1977, at 7:00 p.m., with nine members present. Chairman Frank Horvath presiding. ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DE- VELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO COLE ASSOCIATES, INC. This being the time heretofore set for public hearing on the above ordinance, 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 ordinance. He indicated that the building of this new $995,000 building would mean a job increase of approximately 15, with a payroll of $1,000,000. He indicated that the Economic Development Commission had approved this by resolu- tion. He introduced Mr. William Moe, vice president of Cole Associates, and Mr. .Richard Kramer, attorney for Cole Associates. Council Member Adams asked if there had been any bonds issued tha were not being paid. Mr. Fedder said he was not aware of any, and that every one was current on the bond applications. Council Member Adams made a motion to recommend this ordinance to the Council favorable, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (100 BLOCK OF EAST NORTH SHORE). Council President Parent indicated that the petitioners had asked that this be stricken from the record. He made a motion to strike this ordinance from the record, seconded by Council Member Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (912 LAWRENCE: 100 BLOCK OF NORTH SHORE DR.: VACANT LOT KNOWN AS 315 CORBY). Council President Parent indicated that Area Plan had not made a recommendation on this ordinance, since they did not have their January meeting, due to the cold and the building being closed. H made a motion that the public hearing and second reading on this ordinance be continued until the February 14, 1977 meeting of the Council, seconded by Council Member Adams. The motion carr'e ORDINANCE AN ORDINANCE APPROPRIATING $166,500.00 FROM THE LOCAL ROADS AND STREETS FUND AND $18,500.00 FROM THE CUMULA- TIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 61, MICHIGAN -MAIN STREET CONNECTOR. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the ordinance. He presented the following cost breakdown of the im- provements proposed under the ordinance appropriating $185,000 to Project R &S 61, Main and Michic Street, two -way traffic Marion to LaSalle: Signalization and overhead signage - maximum cost pro- jected $116,300; roadway reconstruction $50,000; repair of Indiana & Michigan Electric Company vault at the northwest corner of LaSalle and Michigan $14,000; and engineering $4,700. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, questioned the $116,300 for signal; and signs. Mr. McMahon indicated this was for three intersections that will have to be com- pletely revamped. Mr. Evans asked if the engineering would be done in- house. Mr. McMahon in- dicated they were planning to go to an outside firm. Council President Parent asked if this would be a permanent solution to the problem. Mr. McMahon indicated these improvements were of a permanent nature. Council President Parent indicated that this seemed to be a lot of money. Mayor Peter J. Nemeth, indicated that when the ordinance was originally filed they were not sure what Sears was going to do, and since they have found out Sears is moving, it does not appear the City will have a "Superblock ". He.indicated that these improvements are intended to be per- manent. Council President Parent asked why it was important that the signalization be completely changed. Mr. McMahon indicated this was necessary to make it consistent with the rest of the signals. Council Member Kopczynski asked what the anticipated delay was on the ordering of mast - arms. Mr. McMahon indicated three to six months delay after a contract is let. Council Member Adams asked about the necessity of purchasing a piece of land on LaSalle to make the curve. Mr. McMahon indicated they were thinking of increasing the turn radius, and the State had indicated the City would have to purchase property in order to increase the turn radius. BAN REGULAR MEETING JANUARY 24, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. McMahon indicated there should be enough money to purchase this property. Council Member Taylor made a motion to recommend this ordinance to the Council favorable, seconded by Council Member Kopczynski. Council Member Kopczynski asked if this reconstruction was the direct re- sult of redevelopment, and if so the City should be able to get credit for this from redevelop- ment. Mayor Peter Nemeth indicated that redevelopment ended at the LaSalle Hotel. Mr. McMahon indicated that with regard to the signs at LaSalle, they would pursue this with redevelopment. Council Member Horvath asked how they could determine the cost of the project, and if there would be enough money to purchase the needed land, until the engineering was completed. Mr. McMa said the engineering cost was based on previous experience. Mayor Nemeth indicated that one of the reasons they were proceeding with this project was the fact that they had received a petition requesting the two -way system because of business problems in that area. He indicated the City was not going to waste the taxpayers money. Council Member Horvath indicated the City had spent a lot of money on the Marion connector. Council Member Dombrowski indicated he had been receivin complaints from people on South Michigan, and he wanted to know if that was going to be changed to two -way. Mayor Nemeth indicated they were not going to change South Michigan. Council Pres- ident Parent indicated that perhaps they could get the engineering done before they asked for th funds. Mr. McMahon indicated that if they waited until the engineering was completed before they went to the State there would be an extended delay. Council Member Kopczynski indicated that he had mentioned before about having preliminary plan drawings of proposed projects. He wanted to know why the Council could not receive preliminary plan drawings. Mr. McMahon indicated this could be done. The motion carried, with Council Member Horvath opposing. ORDINANCE AN ORDINANCE APPROPRIATING $15,155.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART- MENT OF HUMAN RESOURCES. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. William Gilkey, Director of Human - Resources made the presentation for the ordinance. He indicated this appropriation was to cover the expect expenses of the 1977 Ethnic Festival. He indicated this Festival had taken place yearly since the inception of the Plaza. He said in the past this has been one of the most successful events staged. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked if records were kept so they would know how much was spent last year, in order to establish this year's figures. Mr. Gilkey indicated that records were kept and they knew to the penny what everything cost last year. Mr. Evans asked what type of equipment they needed to rent. Mr. Gilkey indicate that it was cooking utensils, public address system, etc. Mr. Evans said that in some locations businesses underwrite the cost of the fireworks. Mr. Gilkey said they had not found an under- writer. Mrs. Jane Swan, 2022 Swygart, indicated that for $15,000 the City gets $1,000,000 worth of community spirit. Mrs. Gwen Stiver, 1127 E. Wayne No., indicated she felt this was a good way that our community could show its ethnic talents. Council Member Szymkowiak made a motion to re- commend this ordinance to the Council favorable, seconded by Council Member Adams. Council President Parent asked if there was revenue to the City from this Festival. Mr. Gilkey indicated there was a $25 charge for booth rental. Mr. Mullen indicated the $25 was received in his office for licenses. Council President Parent asked how much was received last year. Mr. Mullen in- dicated approximately $350. Council President Parent said he would like to see the budget stay where it is, or perhaps go down in the future. Mr. Gilkey said they would continue to research for Federal funds. Council Member Kopczynski asked if this Ethnic. Festival was registered with the State. Mrs. Stiver indicated it was registered. Council Member Taylor said he had attended the Festivals and they were excellent. He said he hoped it continued to grow. He said that per- haps next year they could incorporate some of the activities in the Century Center. Mr. Chester Bentkowski, 25363 Gordon Road, indicated he was involved in the Festival and they were just gettii started. He said they should not attempt to grow too fast. He indicated the proceeds go into a scholarship fund. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS ADMINISTRATIVE PROGRAMS TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the pre- sentation for the ordinance. He indicated this appropriation was to fulfill a contractual agree- ment between the City and the YWCA. He said the YWCA would provide low -cost, supervised and protected residential living for women who were unable to establish their own households. They would provide services to women who find themselves misplaced by divorce, death, or transfers away from their hometown. He said the YWCA would provide counseling and educational services to pregnant adolescents withdrawn from school,as well as provide disadvantaged preschool children with programs in various neighborhood centers. Ms. Jane Cobb, Executive Director, spoke in sup- port of the request. She gave a history of the South Bend YWCA. She indicated the building was in good condition, however, it was necessary to update the wiring to meet code. She said that this allocation of revenue sharing money would make it possible to continue to provide the pro- grams and activities of the "Y" to the community. Dr. Lillian Stanton, 919 Oak Ridge spoke in favor of this ordinance. Ms. Sandra Lozier, Resident Director, discussed the residency available to women, and how the YWCA helped these women through various agencies. Council President Parent indicated he fully supported the request for these funds. He made a motion to recommend this to the Council favorable, seconded by Council Member Dombrowski. Council Member Adams commended Ms. Cobb for the work being done at the YWCA. She said she would like to explain her negative vote on this matter, as she felt this type of a contract was a circumvention. The motion carried, with Council Member Adams opposing. Chairman Frank Horvath welcomed the Government class from Riley High School. Im REGULAR MEETING JANUARY 24, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING, FOR THE FISCAL YEAR BE- GINNING JANUARY 1, 1977 AND ENDING DECEMBER 31, 1977 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Elroy Kelzenberg, Director of Employment and Training, made the presentation for the ordinance. He said Resolution No. 517 -76, adopted March 22, 1976, authorized the Mayor to apply for funds under the Comprehensive Employment and Training Act of 1973, and that Section II called for the submission of a line item budget for the Common Council's approval. He said that in accordance they had prepared a proposed line item budget for the expenditure of Title I allocations for 1977. He said that their fiscal year allocations were not concurrent with the calendar year, since their fiscal year was October 1, 1976 to Sept- ember 30, 1977. He said their present allocation is $1,450,491. He said they have been operating the present quarter mostly with FY 1976 carry -out funds, and for the same reason, the proposed budget extends one full quarter into their fiscal year 1978, for which they do not presently have allocations. He said their staff and program costs are absorbed under other titles of the Act, specifically II, III and VI. He said he would like to offer certain amendments: In the title, change the word appropriating to approving; after defraying insert "the CETA Title I "; in Section I where the word appropriated occurs insert approved. Council Member Miller made a motion to amen the ordinance as requested, seconded by Council Member Dombrowski. The motion carried. Council Member Miller made a motion to recommend this ordinance, as amended, to the Council favorable, seconded by Council Member Dombrowski. Council Member Adams indicated that the administration and personnel under Title I overlap into Titles IT and VI. She said that account 260.0, contractual services, has already been in effect since October 1. She said she would like to postpone approvi this until the other two budgets are submitted so the Council could see the entire budget. She indicated that her committee, Administration and Finance, met last week and they recommended the Council postpone approval. Council Member Miller indicated there might be some overlapping, but he did not understand the reason for the delay. Council Member Adams indicated that until the Council was able to see what the clients under Titles II and VI receive, she did not feel she could approve the support personnel as noted. Council Member Miller indicated that in this budget there were only three salaries over $15,000. Mr. Kelzenberg indicated that was correct. He then explained his department's reporting procedure to the Department of Labor. Council Member Miller commended Council Member Adams for doing an excellent job of getting information. He said he woul recommend the Council go ahead and recommend this ordinance favorable. Council Member Kopczynski asked how many clients were being serviced under this program. Mr. Kelzenberg indicated 4.25 at one time. Council Member Kopczynski asked how many were on his staff. Mr. Kelzenberg indicated 26. Council Member Taylor asked if this hearing was postponed would it jeopardize the program. Mr. Kelzenberg indicated he did not think so. Council Member Horvath indicated he could not vote for this ordinance at this meeting. Council President Parent indicated that this ordinance was still in committee. He indicated the chairman of the committee had recommended this hearing be postponed until all budgets were submitted. He said he recommended this be delayed and kept in committee. He said when presentations are made to the Council, he thought more use should be made of the overhead projector in order that the public could understand what was being presented. He said that perhaps the City Clerk could communicate this to the department heads. Mayor Peter Nemeth indicated this was a Federal program passed by the Congress and the purpose of the program was to create jobs. He indicated he thought the Council should have some sympathy for Mr. Kelzenb Council Member Horvath indicated that when the Mayor was on the Council he was the one who re- quested that Federal budgets come before the Council. Council Member Adams indicated that she still felt the Council should not approve this until the entire budget was submitted. She indicat the budget was not submitted timely and some of this could have been handled if it had been sub- mitted last year. She indicated it would be all right to submit this for the CETA fiscal year. Mr. Kelzenberg indicated that right now there would be no difficultly in presenting the other two budgets, but he would not have been able to do that in September because in many instances allocations come at different times. He said the allocation for Title I came November 20 for the fiscal year. Council Member Kopczynski indicated he questioned the hiring practices being used by CETA. He said he thought this was more important than the budget. He said he wanted to make sure there was no discrimination in the hiring policy. He said this was a matter of whether the program is even worth having in the community. Mr. Kelzenberg indicated that they did not hire employees, and that they would be happy to explain the basis of the practice. Council Member Serg indicated he had heard nothing but praise for the program. A roll call vote was taken on the motion to recommend this to the Council favorable. The motion lost by a vote of three ayes (Council Members Serge, Szymkowiak and Miller) and six nays (Council Members Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Adams asked if there would be time to have the other budgets filed for first reading February 14, so we could have second reading February 28. Mr. Kelzenberg indicated they would. Council Member Adams made a motion to continue public hearin until February 28, seconded by Council Member Dombrowski. The motion carried. Mayor Nemeth asked if they could continue expending the funds. Council President Parent said there was no indication they should stop, so they could continue. Council Member Parent made a motion to rise and report to the Council, and recess, seconded by Council Member Dombrowski. The motion carried. The meeting was recessed at 8:20 and reconvened at 8:40. ATTEST: ATTEST: City Clerk Chairman IN g• 13 REGULAR MEETING JANUARY 24, 1977 REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers at 8:40 p.m., Council President Parent presiding, and nine 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 4, 1977 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Roger 0. Parent /s/ Mary Christine Adams Council President Parent indicated that if there were no objections, the minutes of the January 4, 1977, meeting would be accepted as read and placed on file. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Miller. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCES, SECOND READING ORDINANCE NO. 6106 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT RE- VENUE BONDS, AND AUTHORIZING THE EXEUCTION THEREOF PERTAINING TO COLE ASSOCIATES, INC. This ordinance had second reading. Council Member Adams made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KI10WN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (100 BLOCK OF EAST NORTH SHORE DRIVE) . Council Member Adams made a motion to strike this ordinance, seconded by Council Member Dombrowski The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (912 LAWRENCE; 100 BLOCK NORTH SHORE DR.; VACANT LOT KNOWN AS 315 CORBY). Council Member Taylor made a motion to continue public hearing and second reading on this ordina until February 14, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6107 -77 AN ORDINANCE APPROPRIATING $166,500.00 FROM THE LOCAL ROADS AND STREETS FUND AND $18,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PRO- JECT R &S 61, MICHIGAN -MAIN STREET CONNECTOR. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, and Parent) and one nay (Council Member Horvath). ORDINANCE NO. 6108 -77 AN ORDINANCE APPROPRIATING $15,155.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 6109 -77 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS ADMINIS- TRATIVE PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. W.M.- COMMITTEE OF THE WHOLE MEETING (CONTINUED) This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Serge. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Dombrowski, Horvath and Parent) and one nay (Council Member Adams). ORDINANCE AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE I EXPENSES OF THE DEPART- MENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977 AND ENDING DECEMBER 31, 1977, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Council Member Taylor made a motion to amend the ordinance, as amended in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Dombrowski made a motion to set this ordinance for public hearing and second reading February 28, 1977, seconded by Council Member Serge. The motion carried, with Council Member Miller opposing. RESOLUTIONS RESOLUTION NO. 545 -77 A RESOLUTION OF THE BOARD OF PARK. COMMISSIONERS ACCEPTING THE INSURANCE PROPOSAL OF THE MUSZYNSKI INSURANCE AGENCY. WHEREAS, the board of Park Commissioners of the City of South Bend, Indiana did, on the 19th day of January, 1977, adopt a resolution accepting the Insurance Proposal of the Muszynski Insurance Agency, which resolution is as follows: RESOLUTION NO. 2, 1977 WHEREAS, the Board of Public Works of the City of South Bend, Indiana did on the 5th and 12th day of November, 1976, advertise an invitation for Insurance Proposals for the City of South Bend, Indiana, and WHEREAS, Insurance Proposals received were opened by the Board of Public Works at its regular meeting held on December 20, 1976, and WHEREAS, said proposals have been reviewed and the board of Public Works is now ready to accept the low or best proposal; NOW, THEREFORE, BE IT RESOLVED by the Board of Park Commissioners of the City of South Bend, Indiana that they accept the types and limits of coverage as recommended by Corporate Policyholders Council, Inc. and the City Controller's office and proposed by Muszynski Insurance Agency for Property Coverage, General Liability, Automobile Coverage, Workmen' Compensation, Catastrophe Excess, and all endorsements related thereto, as indicated in the Muszynski Insurance AGency proposal. ADOPTED THIS 19TH BOARD OF PARK COMMISSIONERS Day of January, 1977 s/ Richard J. Pfeil President ATTEST: s/ Robert C. Niezgodski Secretary NOW, THEREFORE, BE IT RESOLVED by the Common Council of South Bend, Indiana that the foregoing resolution of the Park Board be, and is, hereby approved by the Common Council. /s/ Mary Christine Adams A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, in- dicated the acceptance of this resolution is contingent upon additional funding for the premium. He said if the Council approved this resolution, the Administration, at a later date, will file an additional funding appropriation for the premium needed. He said the premium difference would indicate an approximate amount of $393,000, based upon Aetna's proposal. He said the approximate amount that will be needed from the General Fund will be $189,000, with the remainder from the utilities and the Park Department. He said this new policy will give the City about ten times more coverage in certain-areas than we have had in the past. He said they had contacted eleven insurance agents for bids and only eight responded. Only four submitted bids and only one of the four bid on the package. He indicated the cost had gone up considerably. Council Member Kopczyns asked where the greatest lack of coverage was last year. Mr. Mullen indicated it was in the City' liability insurance. He said with the new package the City will have six million vs. one -half million. Council Member Kopczynski questioned the amount of deductible on liability and collision Mr. Mullen indicated there was $250 deductible on collision and no deductible on liability. Mr'. Ralph Muszynski, an insurance agent, indicated the $250 deductible applied to the automobile cover He said in 1976 they eliminated the deductible under bodily injury, which resulted in approximatel $13,000 additional premium. Council Member Kopczynski indicated he would like a report in writing as to how many vehicle accidents we had in 1976. Mr. Mullen indicated there were approximately thirty -five accidents. Council Member Kopczynski asked how this compared to industry. Mr. Muszyn indicated it would be very difficult to compare a municipality to industry. Council President Par indicated that perhaps they could get information on another city fleet, such as Fort Wayne. Mr. Muszynski indicated that the information regarding the accidents reported in 1976 was available in the Law Library. :i age . i t IR REGULAR MEETING JANUARY 24, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Council Member Adams commended Messrs. Mullen, Lantz and Vance for the work done in this insurance package together. She said she felt this was very well done, professional, and she felt the City saved by having a consultant. Council Member Adams made a_ motion that this resolu- tion be adopted, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Horvath asked where they intended to get the extra money. Mr. Mullen indicated he did not know at this point. RESOLUTION NO. 546 -77 A RESOLUTION OF THE BOARD OF PUBLIC WORKS WHEREAS, ACCEPTING THE INSURANCE PROPOSAL OF THE MUSZYNSKI INSURANCE AGENCY. the Board of Public Works of the City of South Bend, Indiana did, on the 19th day of January, 1977, adopt a resolution accepting the Insurance Proposal of the Muszynski Insurance Agency, which resolution is as follows: RESOLUTION NO. 2, 1977 WHEREAS, The Board of Public Works of the City of South Bend, Indiana did, on the 5th and 12th day of NOvember, 1976 advertise an invitation for Insurance Proposals for the City of South Bend, Indiana, and WHEREAS, Insurance Proposals received were opened by the Board of Public Works at its regular meeting held on December 20, 1976, and WHEREAS, said proposals have been reviewed and the Board of Public Works is now ready to accept a proposal; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana that they accept the types and limits of coverage as recommended by Corporate Policyholders Council, Inc. and the City Controller's office and proposed by Muszynski Insurance Agency for Property Coverage, General Liability, Automobile Coverage, Workmen's Compensation, Catastrophe Excess, and all endorsements related thereto, as indicated in the Muszynski Insurance Agency proposal. ADOPTED THIS 19TH DAY OF JANUARY, 1977. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the foregoing resolution of the Board of Public Works be, and is, hereby approved by the Common Council. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Council Member Horvath 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 Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 547 -77 A RESOLUTION AUTHORIZING THE CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA TO INVEST CERTAIN IDLE FUNDS DURING THE YEAR 1977 IN ACCORDANCE WITH CHAPTER 9 OF THE 1945 ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AS AMENDED. WHEREAS,.there are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operations of the various Departments of the City; and WHEREAS, Chapter 9 of the 1945 Acts of the General Assembly of the State of Indiana enable the Controller to invest such idle funds with the approval of the Common Council; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That during the calendar year 1977, the Controller invest certain idle funds of the Civil City of South Bend for such periods of time that he determines are not needed for the normal operations of the various Departments of the Civil City. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. /s/ Mary Christine Adams A REGULAR MEETING JANUARY 24, 1977 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, said this resolution authorizes the City Controller to transfer idle funds to protect the cash position of the City of South Bend, and also to invest other idle funds to gain full use of the moneys. Council Member Miller asked how much was made in interest last year. Mr. Mullen said he did not know because he had not received all of the slips from the banks. Council Member Adams made a motion to adopt this resolution seconded by Council Member Kopczynski. The resolu tion was adopted by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 548 -77 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM THE CUMULATIVE CAPITAL IMPROVEMENT, LOCAL ROADS AND STREETS, FEDERAL ASSISTANCE GRANT FUNDS AND WASTE- WATER GENERAL FUND, TO THE CORPORATION GENERAL, PARK MAINTENANCE, POLICE PENSION, FIRE PENSION, REDEVELOP- MENT, HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION FUNDS, ALL FUNDS BEING WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. WHEREAS, a necessity exists to provide funds for the Corporation General, Park Maintenance, Police Pension, Firemen Pension, Redevelopment, Human Relations and Fair Employment Practices Commission Funds prior to the receipts of taxes in the year 1977, in order to meet the current operating expenses of the City, provided for in the budget and appropriation adopted for the year 1977, which expenses must be met prior to the receipt of taxes in the year 1977, and WHEREAS, there are monies on deposit to the credit of various funds of the City, to -wit: Cumulative Sewer Building and Sinking, Cumulative Capital Improvement, Local Roads and Streets and Federal Assistance Grant Funds which can be temporarily advanced or transferred to the varic funds already mentioned, and WHEREAS, Chapter 71 of the Acts of 1961 of the Indiana General Assembly authorized the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to ad- vance and transfer to a depleted fund from any other such fund, such amount and for such period of time as may be prescribed in the Resolution, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $3,000,000.00 to various funds from various other funds as listed below. The aggregate amount of $3,000,000.00 to be distributed so not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1977: FROM: Maximum Cumulative Sewer Building and Sinking Fund............ $750,000.00 Local Roads and Street Fund ... 500,000.00 Federal Assistance Grant Fund ..... 750,000.00 Wastewater General Fund 1,000,000.00 $3,000,000.00 TO: Maximum Corporation General...... $1,825,000.00 Park Maintenance Fund ... 500,000.00 Police Pension Fund ..... 250,000.00 Cumulative Capital Improvement Fund......... 150,000.00 Human Relations and Fair Practices Commission Fund. . 25,000.00 $3,000,000.00 SECTION II. Such transfer shall be made for a period of time not to exceed beyond December 31, 1977, and such funds so transferred shall be returned and repaid to the original funds from which they were transferred. SECTION III. This Resolution shall be in full force and effect from and after, its adoption by the Common Council and Its approval by the Mayor. /s/ Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Council Member Adams 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 Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 549 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THE GENERAL ASSEMBLY OF THE STATE OF INDIANA TO APPROPRIATE OPERATING FUNDS FOR MASS TRANSIT. WHEREAS, the public policy of the State of Indiana supporting Urban Mass Transit Systems declares among other things that such service is essential to relieve traffic congestion; is necessary to the welfare of the general public; and helps to expand the economic and social opportunities of the community; WHEREAS, the State Budget for the State of Indiana has provided funds for mass transit in thepast; s LWA REGULAR MEETING JANUARY 24, 1977 REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the State Budget Committee recommends on December 3, 1976 that no further funding be provided in the State Biennial Budget for mass transit; WHEREAS, the South Bend Public Transportation Corporation (TRANSPO) will suffer the loss by being unable to qualify for matching federal funds if such state funds are not provided, of which the effect would seriously injure the capability of the South Bend Public Transporation Corporation to carry out its vested governmental responsibility; and WHEREAS, the General assembly has denied the South Bend Public Transporation Corporation and the City of South Bend the capability of raising said funds by any alternate means due to the State -wide tax freeze imposed by the Legislature in 1973. NOW, THERFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana that SECTION I. The Common Council of the City of South Bend encourages and requests the General Assembly through its appropriate committees to take affirmative action in restoring the needed appropriation of three and one half million dollars ($3,500,000.00) from the State General Fund in the 1977 Biennial Budget for Public Mass Transit. SECTION II. The Council further requests the restoration of adequate funding in this amount to further the public policies of energy conservation, environmental consideration, and economic and social opportunities by a sound and solvent public mass transit system in the City of South Bend, and in other cities in the State of Indiana. 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/ Roger O. Parent A public hearing was held at this time on the resolution. Ms. Kathy Cekanski, Council attorney, indicated this resolution was requested by State Representative Richard Doyle and Mr. Robert J. Ducomb, attorney for the South Bend Transporation Corporation. She said that all cities in the State of Indiana which would be affected by the action taken by the State Budget Committee are requesting their City Councils to draft a resolution requesting the reinstatement of the $3.5 million appropriation for public transporation. She said State transit systems are presently operating under a State -wide freeze imposed by the 1973 legislature. The only source of funding is the property tax rate, which is used to match Federal funds on a 50 -50 basis. Local dollars must be assured to match Federal funds, or Federal operating capital funds are lost. In order to continue to receive Federal funds, the non - federal funding must be maintained or a violation of the "maintenance of efforts" requirements would result. She said the South Bend Public Transporation Corporation has experienced increased costs since 1973, and yet our City has been asked to maintain the same level of services. Council Member Adams asked if the 3.5 million was reinstated, what would be our city's share. Ms. Cekanski indicated there has been a request for $178,000. Council Member Adams made a motion that this resolution be adopted, seconded by Counci Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). The City Clerk's office was instructed to send copies of this resolution to various State representatives.' ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROPRIATING $16,000 FROM THE COMMUNITY DEVELOPMENT FUND FOR RESEARCH ADMINISTRATION, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS URBAN OBVERVATORY PROGRAM. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading February 14, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $208,855 FROM THE INNOVATIVE GRANTS PROGRAM, PROJECT REBATE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF HOUSING. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading February 14, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading February 14, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER, INC., MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF 6,000 5/8 -INCH WATER METERS IN THE AMOUNT OF $187,260.00. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading February 14, 1977, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING JANUARY 24, 1977 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE REVISING THE GOVERNING RULES AND REGULATIONS OF THE LEGISLATIVE BRANCH OF THE CITY OF SOUTH BEND, INDIANA, AND ESTABLISHING CERTAIN STANDARDS OF CONDUCT ON THE PART OF MEMBERS OF THE COMMON COUNCIL, AND CREATING A RULES COMMITTEE FOR THE ENFORCEMENT OF THE STANDARDS CREATED. This ordinance had first reading. Council'Member Adams made a motion to set this ordinance for public hearing and second reading February 14, 1977, seconded by Council Member Dombrowski. The motion carried.. PRIVILEGE OF THE FLOOR Ms. Deana Kelley, spoke:to the Council, as a representative of the disabled and mentally handi- capped.'- She indicated there were still some buildings and functions they could not go to be- cause of accessibility. She indicated that TRANSPO busses were not equipped with ramps for the disabled and the senior citizens. Council President Parent indicated he had received a number of letters on the transportation situation, and was scheduling a meeting early in February to discuss this situation. Council Member Miller indicated it was his understanding on the rules and regulations ordinance that they were meeting as a Committee of the Whole to draft the ordinance. He wanted to know from Ms. Cekanski who authorized the change in Section 2 -1E from what was approved last Monday, that eliminated the words, "After proper notice, the council-shall fill such vacancy by majority vote of all council members with a person who must be of the same political party as the council member." Council President Parent indicated that the person who authorized the change is the person that signed the proposed ordinance. He indicated he had decided to follow State law on this matter. Council Member Miller indicated that if this was changed, he wondered how many other changes were made. Council President Parent indicated there were seven Democrats who wanted to follow State law on this matter. Council Member Miller indicated he did not support the ordinance in its present form. Council Member Adams indicated she did not feel this was ever intended to be an instrument the Council approved before it was filed. Council Member Tayl indicated he agreed with Council Member Miller. Council Member Dombrowski made a motion to reappoint Mr. Robert Swanson to the Human Rights Commission, seconded by Council Member Horvath. The motion carried. Council President Parent indicated that the Century Center meeting, scheduled for January 31, 1977, would have to be postponed until February 7, 1977, at 7:00 p.m. Council Member Kopczynski made a motion to reschedule the meeting, seconded by Council Member Dombrowski. The motion car- ried. Council President Parent aksed the City Clerk to notify all interested parties. There being no further business to come before the Council, unfinished or new, Council Member Adams made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 9:35 p.m. ATTEST: ATTEST: CITY CLERK PRESID