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HomeMy WebLinkAbout07-24-78 Council Meeting MinutesREGULAR MEETING JULY 24, 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, July 24, 1978, at 7:00 p.m. Council President Parent pre- siding. 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, 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 July 10, 1978 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger O. Parent Council Member Taylor made a motion that the minutes of the July 10, 1978, meeting be placed on file, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council 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, July 24, 1978, at 7:02 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 108 -78 A BILL APPROVING THE FORM AND TERMS OF FIRST SUPPLEMENTAL LOAN AGREEMENT, FIRST SUPPLEMENTAL MORTGAGE AND INDENTURE OF TRUST AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO CHAR -KING, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated that the City previously issued bonds to finance the proposed project for $1,100,000, but that amount was not sufficient to com- plete the project and it has been determined that $00,000 is necessary for completion of the facility located at 320 E. Colfax. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 107 -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) (707 N. MICHIGAN.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard.. Mr. Richard Trenkner, administrator for Memorial Hospita indicated this rezoning was for a five story garage and three story building for doctor's office Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski.. The motion carried. BILL NO. 68 -78 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE LEASING OF WATER WORKS FACILITIES OF SOUTH BEND FEDERAL SAVINGS AND LOAN ASSOCIATION. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Robert Parker, Chief Deputy City Attorney, made the presentation for the bill. He indicated this bill was for the acquisition of River Commons by the City of South Bend. He said the lease - purchase agreement has been executed by the City, and is now before the Council for its authorization pursuant to the State statute. He indicated that the Council had been furnished with an appraisal of the water system, and the appraisal far exceeded the value of the total amount of the lease - purchase agreement. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. Council Member Adams commended the Administration for the negotiation of this lease - purchase agreement. The motion carried. BILL NO. 81 -78 A BILL APPROPRIATING FIVE THOUSAND DOLLARS ($5,000.00) FROM THE SEWAGE WORKS DEPRECIATION FUND OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Robert Parker, Chief Deputy City Attorney, made the presentation for the bill. He indicated this was a companion bill to appropriate funds for the acquisition of the River Commons' sewer facilities. Council Member Adams made a motion to recom mend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion car- ried. 2917 REGULAR MEETING JULY 24, 1978 u COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 78 -78 A BILL APPROPRIATING $16,020.00 FROM LOCAL ROAD AND STREET FUND TO R &S 7806, LASALLE STREET AND COLFAX AVENUE IMPROVE - MENTS, WITHIN THE LOCAL ROAD AND STREET FUND. Mayor Peter J. Nemeth indicated that this bill, as well as the next two bills, were all connected He asked the Council to strike these bills from the record. He indicated he had met with the residents and they were concerned about the traffic that could be generated. Mr. John McDonald, 1256 E. LaSalle, indicated that the neighborhood residents had met with the Mayor, Mr. Brunner and Councilman Parent. He said the result of these meetings was that the Lasalle- Colfax study would not be made. He thanked all the people who were involved. Council Member Adams made a motion to have the Clerk read the next two bills, seconded by Council Member Dombrowski. The motion carried. BILL NO. 79 -78 A BILL APPROPRIATING $2,000.00 FROM THE LOCAL ROAD AND STREET FUND TO R &S 7807, WAYNE STREET AND WESTERN AVENUE, WITHIN THE LOCAL ROAD AND STREET FUND. BILL NO. 80 -78 A BILL APPROPRIATING $2,000.00 FROM THE LOCAL ROAD AND STREET FUND TO R &S 7808, MICHIGAN STREET AND MAIN STREET, WITHIN THE LOCAL ROAD AND STREET FUND. Council Member ADams made a motion to strike Bills Nos. 78 -78, 79 -78, and 80 -78, from the record, seconded by Council Member Dombrowski. The motion carried. BILL NO. 110 -78 A BILL APPROPRIATING $53,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR VARIOUS PUBLIC WORKS PROJECTS TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Tim Eckerle, of Community Development, made the pre- sentation for the bill. He indicated this appropriation would be used for viaduct lighting im- provements at Miami Street; High Street; Marietta Street; Sample -Rush; Sample - Fellows; Michigan - Bronson; and Main - Bronson. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 111 -78 A BILL APPROPRIATING $2,126,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND (URGENT NEEDS GRANT) FOR THE MINI -MALL PROJECT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF REDEVELOP- MENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Peter J. Nemeth, made the presentation for the bill. He indicated they had been working for some time to obtain this grant for the proposed Century Mall project. He said this $2,126,000 will help defray administrative, legal, survey, planning, relocation, demolition, real estate acquisition and other related costs associated with the pro- ject. He indicated that a budget had been submitted to the Council. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NG. 113 -78 A BILL AMENDING CHAPTER 15, ARTICLE 1, COMMONLY KNOWN AS THE RAILROAD TRAINS ORDINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Miller, made the presentation for the bill He indicated he had been requested by the neighborhood residents to submit this bill for Council approval. He indicated that Conrail trains, while on the east side of South Bend, have been particularly inconsiderate in the bud and long blowing of the whistles. Mr. James Beck, 1630 E. Randolph, read the following into the record: "My name is James T. Beck, 1630 E. Randolph St., and I am the Democratic Precinct Committeeman in 3 -19, where 6 Conrail crossings are located. I am sympathetic to my neighbors who are awakened by the loud train whistles, but I have also been approached by a number of people in my precinct who feel that the train whistles should be curtailed only at night. The crossings in question have been the scene of numerous accidents, due to the widespread disregard for the crossing gates, brought about by the gates being down for hours at a time, with no "through" train approaching. Consideration needs to be given to separating the crossings between Miami and Ironwood, so that all of the gates are not down be- cause of the presence of switch engines and local railroad traffic which are unrelated to our crossings further down the line. A person needs only attempt to get out of the line of traffic, travel to Miami Street (usually by alley), attempt to turn out onto busy Miami Street, and then start the endless wait to turn onto Lincolnway, to realize why motorists who use these crossings at Leer, Vernon, Twyckenham, Caroline, Robinson, and Ironwood, are so prone to risk their lives by going around the crossing gates. Until the crossing gate problem is solved by making each set of gates operate individually, it would be unsafe to stop trains from whistling during the daylight hours, when school children use the crossings, traffic is heavy, and the trains are not visable because of light conditions and curves in the tracks. I can go along with stopping the whistles after dark, when the light on the train is more v.isab.le and traffic conditions are lighte and do not include school children walking and riding across the tracks. This partial curtailmen of the train whistles would accommodate light sleepers and still offer protection to users of these tracks during daylight hours, who might become victims because of the crossing gate problem Signs which read, "Trains do not whistle between 9 p.m. and 5a.m." might better represent the wishes of voters in my precinct. Please make this a part of the record." Mr. Bill Weaver, 1710 S. Twyckenham, indicated he had a petition with 300 signatures to stop the whistle. Ms. Pat Kane, 1630 S. Twyckenham, indicated she lived right next to the tracks. She indicated that Conrail should be accountable for any problems on this track. Mr. Beck indicated that the GTW track was not as busy as the NYC track and the trains should whistle except from 10:00 p.m., to 5:00 a.m. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING JULY 24, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 114 -78 A BILL TRANSFERRING THE SUM OF $25,419.00 FROM ACCOUNT NO. 260.0, OTHER CONTRACTUALS TO ACCOUNT NO. 726.0, OTHER EQUIPMENT, IN THE AMOUNT OF $25,419.00. ALL ACCOUNTS BEING WITHIN THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION BUDGET OF THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION FUND OF THE CITY OF SOUTH BEND, INDIANA, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated that this transfer would allow the Street Department to purchase snow removal and snow control equipment. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 115 -78 A BILL APPROPRIATING $395,000.00 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 bill, proponents and opponent: were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be utilized to address contract and material costs associated with the 1978 Street Maintenance Program. Council Member Kopczyns} asked if they were contracting street repair to outside contractors. Mr. McMahon indicated they were doing some outside contracting on streets that had been scraped of asphalt. Council Member Adams asked if they had found that private contractors could do this cheaper than our own City workers. Mr. McMahon indicated he had not come upon -any information of this type. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Memb er Dombrowski. The motion carried. Council Member ADams made a motion to have public hearing on Bill Nos 116 -78, 117 -78, 118 -78, seconded by Council Member Parent. The motion carried. BILL NO. 116 -78 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1979. BILL NO. 117 -78 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE YEAR FROM JULY 1, 1978 TO JUNE 30,1979. BILL.NO. 118 -78 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE BUREAU OF EMPLOYMENT AND TRAINING OF THE CITY OF SOUTH BEND FOR THE FISCAL YEAR 1979. This being the time heretofore set for public hearing on the above bills,:proponents and opponen were given an opportunity to be heard. Mayor Peter J. Nemeth, made the presentation for the bil He indicated that basically these bills do follow the 8.6% guidelines. He indicated that City employees should be compensated for their job performance. Mr. Peter Mullen, City Controller, asked that the following amendments be made: Add new position - Asst. City Attorney at $10,000; change Field Woker I to $13,084; change Radio Technician I to $13,775; add existing position Assistant Building Commissioner at $13,238; change some hourly WWTP wages, lower Chief Operator to $5.95, lower Operator to $5.62, raise Mechanic to $5.98, lower Compressor Room Operator to $5.70, raise Utility Operator to $5.62 and lower Chemical Operator to $5.80. He asked that the present Section II be changed to Section III and insert a new Section II as follows: It is agreed that those hourly wages which pertain to Teamster Local No. 364 members shall be administered in the following manner: a. For the year 1979, a general increase of 55� per hour is granted as follows: 1. 30� per hour January 1, 1979 through December 31, 1979, and 2. 25� per hour July 1, 1979 through December 31, 1979. He asked that the Community Development salary ordinance be amended by adding a new position of Asst. City Attorney at $7,100; change title of Rehabilitation Project Director to Project Director; and add a new position of Asst. Project Director at $14,500. Council Member Miller made a motion to amend the Civil City salary bill, seconded by Council Member Taylor. Council President Parent questioned the need for an assistan- City Attorney. Mr. Brunner, City Attorney, indicated that the purpose of the new position is to provide additional consistancy by having a full -time attorney in the Legal Department. He said the position will be funded by $10,000 from the Civil City and the remainder from Community Development. He said this would not result in an increase in attorneys. Mr. Elroy Kelzenberg, Director of CETA, made the presentation for their budget. He indicated that this was an attempt to respond to merit principles in accord with applicable Department of Labor regulations. He said merit principles demand the establishment of a compensation plan which takes into account job analysis and performance reviews. He said the compensation plan allows for Bureau management to take into account both length of service and employee productivit Mr. Maurice Cohen, 725 Eckman, spoke against the high increases included in these bills. Ms. Kar Gleason, Executive Director of Civic Planning indicated that they had recommended an 8.5% increas for this year and 5.3% for 1980, be given to each employee. She indicated she did not know if high salary increases could be justified. Mr. Mike Lawrence, representative of Teamsters Local 364, indicated that the final offer made to the Teamsters was rejected, but the necessary strike vote did not carry. He asked that the hourly workers wages be adjusted as requested by Mr. Mulle Mrs. Lillian Stanton, 919 Oak Ridge, a representative of the Woods and the Wedge Neighborhood Association, indicated they protested the wages as presented, as well as the twenty -four hour use of City cars. Mr. Harold Petersen, 1244 Elliott, indicated that the executives received high increases and people like the crossing guards should receive this type of increase. n 1 r J PEOMAR VEEING- i COMMITTEE OF THE WHOLE MEETING (CONTINUED Mrs. Jane Swan, 2022 Swygart, spoke against the high increases for the Administration. Council President Parent explained the salary ordinances negotiated for the police and firefighters. He indicated he would like.to take $10,000 over and above the 8.6% to allocate to those positions who are most underpaid. Council President Parent yielded the floor for amendment purposes only. Council Member Miller made a motion to amend his amendment to adjust other salaries within the Civil City salary ordinance to reflect the feeling of Council; reduce City Attorney from $15,000 to $14,380; reduce Chief Deputy City Attorney from $15,000 to $14,380; reduce Deputy City At- torney from $10,000 to $9,000; reduce Controller from $20,000 to $18,462; reduce Assistant Director of Personnel from $14,500 to $13,629; reduce Chief Deputy Controller from $20,750 to $19,928; reduce Executive Director of Century Center from $25,000 to $24,000; reduce Century Center Building Engineer from $20,000 to $19,000; reduce Superintendent of Parks from $23,000 to $22,513; reduce Bureau of Design and Administration from $19,000 to $18,201; reduce Director of Utilities from $23,000 to $20,916; reduce Manager Waste Water from $20,000 to $19,000; reduce Administrative Assistant for Public Safety from $21,000 to $19,548; reduce Mayor's Secretary from $12,000 to $11,452; reduce Utility Commissioner from $3,000 to $2,500; reduce Chief Deputy City Clerk from $12,750 to 12,489; seconded by Council Member Miller. Council President Parent made a motion to recess, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 9:00 p.m., and reconvened at 9:32 p.m. A roll call vote was taken on the motion to accept the Administration's salary changes, and it passed by a vote of five ayes and four nays (Council Members Kopczynski, Adams, Horvath and Parent.) A roll call vote was taken on the motio to amend the amendment and it passed by a roll call vote of five ayes and four nays (Council Members Kopczynski, Adams, Horvath and Parent.) Council Member Miller made a motion to pass the Civil City salary bill, as amended, seconded by Council Member Taylor. The motion passed by a roll call vote of five ayes and four nays (Council Members Kopczynski, Adams, Horvath and Parent. Council Member Miller made a motion to amend the Community Development salary bill by reducing the Director from $8,000 to $7,046; reduce Deputy Director from $20,000 to $18,000; add Asst. City Attorney at $7,100; reduce Building Commissioner from $2,000 to $1,000; reduce Director of Housing from $20,000 to $19,000; change title from Rehabilitation Project Director to Project Director and add Asst. Project Director at $14,500, seconded by Council Member Taylor. The motion carried. Council Member Miller made a motion to recommend this bill to the Council fav- orable, as amended, seconded by Council Member Szymkowiak. The motion carried on a roll call vot of five ayes and four nays (Council Members Kopczynski, Adams, Horvath and Parent.) Council Member Miller made a motion to eliminate Step 5 in the CETA 1979 salary ordinance, seconded by Council Member Taylor. The motion carried on a roll call vote of seven ayes and two nays (Counci Members Kopczynski and Adams. Council Member Miller made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried on a roll call vote of five ayes and four nays (Council Members Kocpzynski, Adams, Horvath and Parent. BILL NO. 119 -78 A BILL FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1979 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Parent, made the presentation for the bill. He thanked the Wage Committee as well as the Council for their cooperation in negotiating a wage package for., 1979 and 1980. He said this was a split increment increase for 1979, which averages $900 across the board. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council and recess, seconded by Council Member Miller. The motion carried and the meeting was recessed at 10:15 p.m. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the regular meeting of the Common Council of the convened in the Council CHambers on the fourth floor of the County -City Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6398 -78 City of South Bend re- Building at 10:30 p.m., AN ORDINANCE APPROVING THE FORM AND TERMS OF FIRST SUPPLEMENTAL LOAN AGREEMENT, FIRST SUPPLEMENTAL MORTGAGE AND INDENTURE OF TRUST AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO CHAR -KING, INC. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Kopczynski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6399 -78 AN ORDINANCE AMENDING ORDINANCE NO. 4490 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (707 N. MICHIGAN.) This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING JULY 24, 1978 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6400 -78 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE LEASING OF WATER WORKS FACILITIES OF SOUTH BEND FEDERAL SAVINGS AND LOAN ASSOCIATION. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6401 -78 BILL NO. 78 -78 AN ORDINANCE APPROPRIATING FIVE THOUSAND DOLLARS ($5,000.00) FROM THE SEWAGE WORKS DEPRECIATION FUND OF THE CITY OF SOUTH BEND. A BILL APPROPRIATING $16,020.00 FROM LOCAL ROAD AND STREET FUND TO R &S 7806, LASALLE STREET AND COLFAX AVENUE IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. BILL NO. 79 -78 A BILL APPROPRIATING $2,000.00 FROM THE LOCAL ROAD AND STREET FUND TO A &S 7807, WAYNE STREET AND WESTERN AVENUE, WITHIN THE LOCAL ROAD AND STREET FUND. BILL NO. 80 -78 A BILL APPROPRIATING $2,000.00 FROM THE LOCAL ROAD AND STREET FUND TO R &S 7808, MICHIGAN STREET AND "MAIN STREET, WITHIN THE LOCAL ROAD AND STREET FUND. Council Member Taylor made a motion to strike Bill Nos. 78 -78, 79 -78, 80 -78, from the record, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6402 -78 AN ORDINANCE APPROPRIATING $53,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR VARIOUS PUBLIC WORKS PROJECTS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6403 -78 AN ORDINANCE APPROPRIATING $2,126,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND (URGENT NEEDS GRANT) FOR THE "MINI- MALL" PROJECT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF REDEVELOP- MENT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6404 -78 AN ORDINANCE AMENDING CHAPTER 15, ARTICLE 1, COMMONLY KNOWN AS THE RAILROAD TRAINS ORDINANCE. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, second( by Council Member Miller. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6405 -78 AN ORDINANCE TRANSFERRING THE SUM OF $25,419.00 FROM ACCOUNT NO. 260.0, OTHER CONTRACTUALS, TO ACCOUNT NO. 726.0, OTHER EQUIPMENT, IN THE AMOUNT OF $25,419.00. ALL ACCOUNTS BEING WITHIN THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION BUDGET OF THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION FUND OF THE CITY OF SOUTH BEND, INDIANA, TO BE ADMINISTERED BY THE DEPART - MENT OF PUBLIC WORKS. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, second( by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6406 -78 AN ORDINANCE APPROPRIATING $395,000.00 FROM THE FEDERAL ASSISTANCE GRANT,-COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE AD- MINISTERED BY THECITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6407 -78 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, This bill had second reading. Council Member Miller made a motion to amend this bill, as amende( in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Miller made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of five ayes and four nays (Council Members Kocpzynski, Adam: Horvath and Parent.) REGULAR MEETING JULY 24, 1978 11 REGULAR MEETING RECONVENED (CONTINUED, ORDINANCE NO. 6408 -78 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COM- MUNITY DEVELOPMENT FOR THE YEAR FROM JULY 1, 1978 TO JUNE 30,;1979. 01 This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Counc Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of five ayes and four nays (Council Members Kocpzynski, Adams Horvath and Parent.) ORDINANCE NO. 6409 -78 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE BUREAU OF EMPLOYMENT AND TRAINING OF THE CITY OF SOUTH BEND FOR THE FISCAL YEAR 1979. This bill had second reading. Council Member Miller made a motion to amend this bill, as amended in the Committeee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of five ayes and four nays (Council Members Kocpzynski, Adams, Horvath and Parent.) ORDINANCE NO. 6410 -78 AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1979. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 629 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A MEMORANDUM OF UNDERSTANDING ENTERED INTO BETWEEN THE WAGE COM- MITTEE OF THE FRATERNAL ORDER OF POLICE LODGE NO. 36, AND THE SOUTH BEND COMMON COUNCIL FOR THE ANNUAL PAY AND BENEFITS OF THE POLICE OFFICERS FOR THE CALENDAR YEAR 1980. WHEREAS, the Common Council of the City of South Bend, Indiana, and the Wage Committee of the Fraternal Order of Police Lodge No. 36 have entered into a Memorandum of Understanding re- garding the salary and benefit package for 1980, marked "Exhibit A" and attached hereto; and WHEREAS, the Memorandum of Understanding incorporates two (2) basic concepts: (1) that a total of $200,000.00 be allocated among all ranks within the bargaining unit, and that such monies shall be allocated so that each person within the bargaining unit receive not less than $778.00 per person. The specific allocations shall be determined by the Last Common Council meeting in July, 1979. (2) that the parties agree to the concept of splitting salary increases in two separate amounts which would be effective on January 1, 1980, and on July 1, 1980. WHEREAS, the Common Council believes that the approval of the Memorandum of Understanding is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the Memorandum of Understanding entered into between the Wage Committee of the Fraternal Order of Police Lodge No. 36 and the South Bend Common Council, dated July 24, 1978 is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption b y the Common Council and approval by the Mayor. /S/ Roger 0. Parent Member of the Common Council A public hearing was held on this resolution at this time. Council President Parent, indicated this was a companion to the bill passed for the 1979 salaries for the police officers. He said this resolution provided for police salaries for 1980. Council Member Taylor made a motion to insert July in paragraph (1) before 1979, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to adopt the resolution, as amended, seconded by Council Member Adams. The motion carried. BILLS, FIRST READING BILL NO. 120 -78 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Adams made a motion to refer this bill to the City Engineer and set it for public hearing and second reading August 14, 1978, seconded by Council Member Serge. The motion carried. Council Member ADams asked Mr. Brunner for an opinion as to whether she and Councilman Taylor could vote of this bill. REGULAR MEETING JULY 24, 1978 BILL NO. 121 -78 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 122 -78 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, (THE BENDIX ORPORATION PROJECT), SERIES 1978, AND APPROVING OTHER ACTIONS IN RESPECT THERETO. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 123 -78 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO ACRA ACRES. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 124 -78 A BILL APPROPRIATING $30,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR GENERAL PARK IMPROVEMENTS FOR LASALLE PARK, TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOP- MENT AND THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 125 -78 A BILL APPROPRIATING $5,152.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR HOUSING COUNSELING SERVICES TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE URBAN LEAGUE OF SOUTH BEND AND ST. JOSEPH COUNTY. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 126 -78 A BILL APPROPRIATING MONIES FOR THE PURPSOE OF DEFRAYING THE EXPENSES OF THE YOUTH SERVICES BUREAU "SHELTER ", A PROGRAM OPERATED THROUGH THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JULY 1, 1978, AND ENDING JUNE 30, 1979, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 127 -78 A BILL APPROPRIATING $45,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARRNG, FOR THE PURCHASE -OF FUEL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 128 -78 A BILL APPROPRIATING $50,000 FROM THE ANTI - RECESSION FUND, COMMONLY REFERRED TO AS COUNTER - CYCLICAL GRANT, FOR THE PURCHASE OF DIESEL FUEL AND GASOLINE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH ITS DEPARTMENT OF AD- MINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 129 -78 A BILL APPROPRIATING $49,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR POLICE COMPUTER SERVICES, 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 August 14, 1978, seconded by.Council Member Dombrowski. The motion carried. BILL NO. 130 -78 A BILL APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE REIMBURSEMENT OF CERTAIN COMMUNITY DEVELOPMENT COSTS ASSOCIATED WITH THE SOUTH BEND LATHE LOAN, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE. DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion RECRITAR MFFTTNG JULY 24, 1978 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 131 -78 A BILL APPROPRIATING $6,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR CER- TAIN PUBLIC HEALTH PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Mr. James Beck, 1630 Randolph, asked the Council to reconsider their vote on Bill No. 113 -78, regarding the Conrail trains whistling. Council Member Horvath made a motion to reconsider, seconded by Council Member Kopczynski. After a lengthly discussion, Council Member Horvath withdrew his motion. Jo Ann Harper, Chief Deputy City Clerk, indicated she lived in the area, and did not like the trains whistling. Ms. Barbara Schankerman, 1615 Rockne, indicated that this vote should be reconsidered. Council Member Dombrowski made a motion to cut off debate, UNFINISHED BUSINESS Reports from Area Plan: 2403 E. Jefferson: Upon a motion by Joseph Serge, being seconded by Rene Vandewalle and unanimously carried, the petition of South Bend Osteopathic Hospital, Inc., to zone from "A" Residential, "A" Height and Area, to "B" Residential "A" Hight and Area, property located at 2403 East Jefferson Boulevard, City of South Bend, is returned to the Common Council with an unfavorable recommendation for the following reasons 1) this proposed zoning represents a business intrusion into a residential area and as such would dis- rupt the residential integrity of the neighborhood. 2) the orientation of the house, which is to be coverted to a medical clinic, is toward Tuxedo Drive, a residential street. The main entry to the clinic faces Tuxedo Drive and the existing residential driveway gains access from Tuxedo Drive. Patients would tend to use Tuxedo for parking. 3) the houses on the west side of Tuxedo Drive are oriented such that they face the proposed clinic. 4) the hospital owns to other developed single - family sites in the immediate vicinity. 5) no additional rezonings for hospital or hospital - related uses should be permitted in this residential neighborhood until the hospital prepares an overall development plan which can be reviewed by the Area Plan Commission. Such an overall long -range plan is needed both to bring about the orderly growth of the hospital and to provide protection to the residents in the surrounding neighborhood. 6) they should not proceed on an incremental lot by lot basis." 295 Ft. So. of Chippewa between S. Main and S. Michigan St. "Upon a motion by Joseph Serge, being seconded by Richard larrison and carried unanimously, the petition of James and Margaret Locker and Frank and Shirley Hartwig, to zone from "B" Residential, "A" Height and Area, to "C" Commercial "D" Height and Area, property located between South Main Street and South Michigan Street, extending from 295 feet south of Chppewa Avenue, southerly for a distance of 525.80 feet, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to a final site plan." South Side of Grant Road "Upon a motion by Joseph Simeri, being seconded by Kenneth Woods and unanimously carried, the petition of Greenbrook Estates, an Indiana Partnership, to zone from "B -1" Residential, "A" Height and Area, to "C" Commercial, "E" Height and Area, property located on the south side of Grant Road, approx- imately 250 feet west of Mayflower Road, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to a-final site plan which would specify that ingress and engress would be provided from the site to properties to the east and west of this site which are under the same ownership, and the screening of the parking areas as provided for in the ordinance." 03 11 REGULAR MEETING JULY 24, 1978 REGULAR MEETING RECONVENED (CONTINUED) Council Member Adams made a motion to set the appropriate bills for public hearing and second reading August 14, 1978, seconded by Council Member Dombrowski. The motion carried. NEW BUSINESS Council President Parent asked Council Member Adams to start holding hearings on the budget as soon as it is filed. There being no further business to come before the Council, unfinished or new, Council Member Serge made a motion to adjourn, seconded by Council Member Adams. The motion carried and the meeting was adjourned at 11:05 p.m. ATTEST: APPROVED: J'-p City Clerk s Pres