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HomeMy WebLinkAbout03-13-78 Council Meeting MinutesREGULAR MEETING MARCH 13, 1978 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, March 13, 1978, at 7:00 P.M. Council President Parent presiding. The meeting was called 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 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 February 27, 1978 Council meeting and the Special Meeting of March 6, 1978, and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Mary Christine Adams /s /Roger Parent Council Member Serge made a motion that the minutes of the February 27, 1975, meeting and the Special Meeting minutes of March 6, 1978, be placed on file, seconded by Council Member Horvath. The motion carried. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. The motion carried. COMMITTEE OF THE WHOLE Be it remembered Whole on Monday, presiding. BILL NO. 4 -78 that the Common Council of the City of South Bend met in the Committee of the March 13, 1978, at 7:05 p.m., with nine members present. Chairman Frank Horva 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) (STATE ROAD 123 AND LINDEN AVENUE.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Rick Cary of Area Plan, indicated that the petitioner Colpaert Realty was requesting this rezoning to "D" light industrial. Members of the Council asked if the petition was in the CHambers. As the petitioner was not present, Council President Parent made a motion to continue public hearing on this bill until the next regular meeting of the Council, seconded by Council Member Taylor. The motion carried. REGULAR MEETING MARCH 13, 1978 COMMITTEE OF THE WHOLE MEETING CONTINUED BILL NO. 12 -78 A BILL AMENDING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. 7 This being the time heretofore set for public hearing on the above bill, proponents and opponent, were given an opportunity to be heard. Council Member Sergeindicated he had sponsored this bill because arcades deteriorated the neighborhood and gave it a ghetto environment. Mr. Brunner, City Attorney, made the presentation for the bill. He said this ordinance has the effect of adding amusement arcades to the list of adult controlled uses, under the adult controlled use ordinance. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. Council President Parent thanked Councilman Serge and the City Attorney's office for developing this ordinance. The motion carried. BILL NO. 18 -78 A BILL.APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR PROFESSIONAL CONSULTANT SERVICES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF POLICE. This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mrs. Kathy Cekanski - Farrand, Council Attorney, made the presentation for the bill. She said the Police Merit Board had favorably recommenced that an appropriation ordinance be submitted for the purpose of hiring a professional consultant to help develop the merit system. She said the Police Merit Board has considered and reviewed several systems which specialize in performance evaluation. The Merit Board has selected Wyvern Associai of Mill Valley, California, as the best system to meet the needs of the Police Department. She said that Mr. Thomas Bartlett presented an overview of this performance evaluation computer system, and it was estimated that approximately six weeks would be necessary to establish the criteria by which each officer would be evaluated. Council Member Taulor indicated that the police merit system was started approximately five years ago and the Council has strongly supported professionalizing the South Bend Police Department. Mr. Dick Albright, President of the Police Merit Board, indicated he would feel honored if they could get a nine -0 vote from the Council on this appropriation. Mr. Terry Bensley, President of the FOP, indicated they were in favor of professionalizing the Police Department and they also feel this system could work given a chance. Mrs. Jane Swan, 2022 Swygart, indicated that this was started five years ago, and a system should be implemented as soon as possible. Council Member Adams. thanked the Board. She asked Mr. Albright if there would be some sort of security for this system. Mr. Albright indicated they had plans to consider this,and act on it at their next meeting. Council Member Serge made a motion to recommend this bill to theCouncil favorable, seconded by Council Member Taylor. Council Member Horvath asked how much money they have spent already to try and im- plement this program. Mr. John Cimino, Merit Board Coordinator, indicated $32,000 had been ap- propriated, but they had not used $5,300 of this amount. He said this grant was written between IUSB and the City. Council Member Dombrowski asked if Mr. Cimino's position was going to be eliminated. Mr. Albright indicated that this position was still very necessary. Council Preside Parent thanked the Merit Board for the work they have done. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a.motion to rise and report "to the Council, seconded by Council Member Adams. The motion carried. ATTEST: ATTEST: City Clerk Chairman 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 on the fourth floor of the County -City Budding at 7:25 p.m., Council President Parent presiding and nine Council Members present. BILLS, SECOND READING BILL NO. 4 -78 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) (STATE ROAD 123 AND LINDEN AVENUE.) Council Member Taylor made a motion to continue public hearing and second reading on this bill until the next Council meeting, seconded by Council Member Adams. The motion carried. ORDINANCE NO. 6319 -78 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA,_1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6320 -78 AN ORDINANCE APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR PROFESSIONAL CONSULTANT SERVICES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF POLICE. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded Council Member ADams. The bill passed by a:,_roll call vote of nine ayes. REGULAR MEETING MARCH 13, 1978 REGULAR MEETING RECONVENED (CONTINUED RESOLUTIONS RESOLUTION A RESOLUTION WITH RESPECT TO CERTAIN OFF - STREET PARKING FACILITIES OF THE CITY OF SOUTH BEND, INDIANA AND THE REFINANCING OF THE CITY'S OFF - STREET PARKING REVENUE BONDS, SERIES 1969,PROJECT Council Member Dombrowski made a motion to strike this resolution from the record, seconded by Council Member Taylor. Council Member Kopczynski asked for the reason for striking this resolu- tion. Mr. Mullen, City Controller, indicated that the attorney was having a difficult time getting all of the members of the not- for- profit corporation together.. Council Member Kopczynski indicated he had heard two reasons why they wanted this stricken::l) the bond holders do not wish to have this refinanced; 2) State law prohibits this refinancing. Mr. Mullen indicated that as far as the second reason there was no problem, and regarding the first reason they need two - thirds of the bond holders to respond positive, and as of last Friday the figure they needed was less than $100,000 to get the two -third approval. The motion carried. RESOLUTION NO. 608 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA DEPARTMENT OF PUBLIC WELFARE AN APPLICATION FOR FUNDS UNDER TITLE XX OF THE SOCIAL SECURITY ACT OF 1936, AS AMENDED. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, andll is the applicant for the Title XX application under Title XX of the Social Security Act of 1936, as amended. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That it her establishes the authority of the Mayor of the City of South Bend to submit an application for Title XX funds in the amount of Twenty Thousand Eight Hundred Twenty Seven Dollars ($20,827.00.) to,the Indiana Department of Public Welfare under Title XX of the Social Security Act of 1936, as amended. SECTION II. That the Executive Director of the Youth Service Bureau shall be designated the administrative Agent for this grant. That for every category established under this Resolu- tion, the Mayor shall submit to the Common Council a line item budget in ordinance form, prior to the expenditures of any grant money received upon approval of this application. SECTION III. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Ms. Bonnie Strycker, of the Youth Services Bureau, indicated they were seeking Council approval to submit an application to the State of Indiana Department of Public Welfare for funding in the amount of $20,827 under Title XX of the Social Security Act of 1936. She said this was Federal money through the Department of Health, Education and Welfare given to states in block grants for distribution. She indicated there was a typographical error in the memo she submitted with'the resolution. She said the AFDC Recipient for uniforms should be sixty -five not one hundred and twenty. Council Member Adam asked where they would get the match for these funds. Ms. Strycker indicated that Revenue Sharing money held already been appropriated. Council Member Adams made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. not Council Member Dombrowski made a motion/to-hold the next regularly scheduled Council meeting on March 27, 1978, seconded by Council Member Kopczynski. The motion carried. BILLS, FIRST READING BILL NO. 20 -78 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) (SOUTHWEST CORNER OF INTERSECTION OF IRONWOOD AND IRELAND ROADS.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 21 -78 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) (SOUTHEAST CORNER OF WAYNE ST., AND ST. LOUIS BOULEVARD.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 22 -78 A BILL .AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY AS THE ZONING. ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (3451 LINCOLN WAY WEST.) This bill had first reading. Council Member Adams made a mtoion to refer this bill and petition to Area Plan, seconded by Council Member Taylor. The motion carried. 3, REGULAR MEETING MARCH 13, 1978 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 23 -78 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) (SOUTHWEST CORNER OF PORTAGE .AVENUE AND THE INDIANA TOLL ROAD RIGHT -OF -WAY, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 24 -78 A BILL APPROPRIATING FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING GRANT FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE-CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRA- TION AND FINANCE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading April 10, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 25 -78 A BILL APPROPRIATING $62,554.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE POLICE RECRUIT PROGRAM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE POLICE DEPARTMENT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading April 10, 1978, seconded by Council Member Taylor. The motion carri BILL NO. 26 -78 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND A. H. CHOITZ, INC., SOUTH BEND, INDIANA, FOR THE PURCHASE OF A MODEL P175 -WW INGERSOLL RAND AIR COMPRESSOR IN THE AMOUNT OF $4,509.00. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading April 10, 1978, seconded by .Council Member Taylor. The motioncarried BILL NO. 27 -78 A BILL APPROVING CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) GATES CHEVROLET CORP., SOUTH BEND, INDIANA, AND (2) SHAMROCK FORD TRUCK SALES, INC., SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $47,945.30. This .bill had first reading. Council Member Adams made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and second reading April 10, 1978 seconded by Council Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR Herbert Pletcher, Chairman of the FOP Wage Neotiation Committee, read the following statement: "Each year, Fraternal Order of Police Lodge #36, the designated bargaining agent for the South Bend Bureau of Police, selects a wage committee by means of an 'election. The committee is com- posed of five (5) members representing the three (3) Uniform Details, Detective and Services Divisions. We the members of the 1978 Wage Committee, have requested this first meeting with you, the Common Council of the CIty of South Bend, so that we might introduce ourselves to you. We would like.to also lay some ground rules and make some preliminary requests of you at this time. First of all the introductions. The committee members are as follows: Sergeant Floyd Szuba- Dectective Bureau, Sergeant Tom Balogh- Services, Corporal Herb Pletcher -1st Detail (Unifori Corporal Ken Milliken -2nd Detail (Uniform), Corporal Paul Hammons -3rd Detail (Uniform). We woulc like to make it clear that the members of this committee were elected by the police officers employed by the South Bend Bureau of Police and directed to act on their behalf in good faith bargaining with the Council for wages and benefits to be realized in 1979. We further wish to make it clear that no other persons or organizations has any power to negotiate for these wages or benefits. All negotiations will be conducted between you, the Common Council, and the five (5) committee members here in attendance representing the Bureau and its membership. Prior to any agreement on any given point, in regard to wages or benefits, the membership of this com- mittee will have the opportunity to discuss all aspects, in private, and then cast a vote on the issue. A majority, three (3) or more, must concur or the point in issue will be rejected. If the wage committee feels that an issue requires the attention of the entire membership, then the committee will leave the issue open until such time as a special meeting of the F.O.P. #36 can be called. In this manner the committee will be able to hear from the parties that we are representing and we will then abide by their wishes. These, then, are the basic rules that this committee will following during negotiations. For several years in the past it has been the habit of wage committees to set down a proposal for the Council to look at in regard to wage increases and benefits requested by the members of the Police Department. It has been a known fact that the effort and time that was put into the drawing up of these proposals has been waste( They are presented, read by the Council and from that point on they are considered to be nothing more than so much scrap paper. The members of the 1978 Wage Committee feel that it is time that we broke with tradition. We are therefore asking that the Council sit down and draw up a list of benefits and a monetary increase that they wish to offer the membership of the South Bend Bureau of Police. In doing so.there are a few things that we would like to bring to your atten- tion. First of all, there are three (3) members of this Committee that were on the 1977 Committ( and it is still vivid in our minds that the Council made several remarks that 1978 would be a better year to talk pay riase due to the return of Police Pension Fund moneys to the City by the State. This return is now a reality. II REGULAR MEETING MARCH 13, 1978 REGULAR MEETING RECONVENED (CONTINUED The membership of the Police Department also has seen the bill for collective bargaining held up again in the Capital. The officers in our city have watched as the pension system was changed to their dissatisfaction and the bargaining bill that was to accompany it was also scrapped. These facts caused the membership to take action on their own, as you well remember, last year. Again, this committee must make it clear that we are only five (5) members of the mass and that we are servants of the whole. We have only the power to act as the majority dictates and we will abide by the wishes of that majority. If a job action is undertaken by the membership, then we will have no power to bring it to a halt. The responsibility, then, for a speedy, fair and equitable settlement of negotiations rest squarely on your shoulders. We do not expect a proposa for benefits and wages from you in a week or ten (10) days, we do however, ask that you reply to this committee within a reasonable length of time so that we might present this proposal to the entire membership. I remain sincerely yours." /s /Herbert E. Pletcher, Chairman 1978 Wage Committee Mr. Tom Cressy, 1113 Edison Road, indicated he was speaking as a citizen and a taxpayer. He stated he had several questions regarding the City's health insurance plan. He questioned why they did not request insurance bids before the rates went up in October; why the City had an- nounced there was a nineteen percent increase in rates, when in fact the rate increase should have been thirty percent on the single and nineteen on family; why there was an announcement that the City was being taken off the twelve percent retention , to,.keep the rates down, when the CIty is on an eleven and one -half percent retention rate. He asked if there was any premium refunded on the retention, and that he would like to know where the money went. He asked if the City has had two rate increase. He indicated he had copies of cancelled checks for premium which differed as much as $10,000.. He asked why the City gave him a list of 2,800 people on the payrol when only 1,700 people were taking the insurance. He asked why he was charged $50 for a census list that should have been free. He asked why guidelines for bidding were set up after he had bid. He asked why the benefits of the insurance were not put in the newspaper. He asked why the guidelines stated to meet or beat specifications. He asked why the guidelines for bidding were set up based on the present carrier's coverage. Council President Parent indicated he was concerned that Mr. Cressy get answers to his questions. Council Member Adams indicated that Cor- porate Policyholders, the insurance consultants, should be submitting their report very shortly and when it comes back she would have a committee meeting. Council Member Kopczynski indicated he felt the Clerk's office should direct these questions to the Controller and request an answer within ten days after receipt, and 'after.:that= she Council committee will meet. City Attorney, Tom Brunner, asked Mr. Cressy if he was an agent for National Life. Mr. Cressy indicated he did not want to answer that question, he said he was here as a citizen. NEW_ BUS INES.S . ; Council Member Adams requested that the Clerk's office write a memo to the Controller indicating that the Vehicle Study report should be filed in the Clerk's office by April 1, so the Council can review it prior to the April 10 meeting, when there is an appropriation bill set for hearing to purchase more vehicles. Council Member Serge made a motion to recommend to the Mayor that William Welsheimer be re- appointed to the Redevelopment Board of Trustees, seconded by Council Member Horvath. The motion carried. Mr. Brunner, City Attorney, indicated that some of Mr. Cressy's questions were in the form of statements, and they would be very difficult to answer. Mrs. Gammon, City Clerk, indicated that her office would do a verbatim from the tape and send the verbatim to the Controller. Mr. Michael Carrington, Assistant to the Mayor, indicated he resented Mr. Cressy's statements of impropriety. Council Member Dombrowski indicated he thought that Mr. Cressy should send the Council a letter with all the questions listed. He said this would be a more businesslike manner. 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 Kopczynski. The motion carried and meeting was adjourned at 8:25 p.m. ATTEST: APPROVED: City Clerk Presi n