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HomeMy WebLinkAbout10-23-78 Council Meeting MinutesREGULAR MEETING OCTOBER 23, 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, October 23, 1978, at 7:00 p.m. Council President 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, Horvath and Parent. ABSENT: Council Member Dombrowski 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 October 9, 1978 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent Council Member Horvath made a motion that the minutes of the October 9, 1978, meeting of the Counc be accepted and placed on file, seconded by Council Member Serge. The motion carried. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Counci Member Adams. 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, October 23, 1978, at 7:05 p.m., with eight members present. Chairman Frank Horvath presiding. REGULAR MEETING OCTOBER 23, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 202 -78 A BILL APPROPRIATING $8,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR A HISTORIC PRESERVATION SURVEY, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE HISTORIC PRESERVATION COM- MISSION_OF-SOUTH BEND AND SAINT JOSEPH COUNTY. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Hunt, Deputy Director of Community Development, made the presentation for the bill. He indicated this appropriation would be used to complete a city -wide survey identifying, describing and evaluating architecturally and historically signi- ficant buildings, facilities and areas. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 203 -78 A BILL AMENDING CHAPTER 20, ARTICLE 3, COMMONLY KNOWN AS THE ABANDONDED VEHICLE ORDINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski - Farrand, Council Attorney, made the presentation for the bill. She indicated this bill has two basic purposes; it would define "visable from public property ", and it would authorize the Board of Public Safety to establish towing and storage fees. Council Member Adams made a motion to recommend this bill to the Counci, favorable, seconded by Council Member Szymkowiak. 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 8:25 and reconvened at 8:36 p.m. ATTEST: )I.." City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman 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 Building at 8:36 p.m., Council President Parent presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 6483 -78 AN ORDINANCE ESTABLISHING A USER FEE FOR THE USE OF AMBULANCE /MEDICAL SERVICES PROVIDED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS PARAMEDIC BRANCH OF THE FIRE DEPARTMENT. This bill had second reading. Council Member Adams made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Adams made a motion to pass this bill, as amended, seconded by Council Member Horvath. The bill passed by a roll call vote of eight ayes. BILL NO. 181 -78 A BILL TO AMEND SECTION 15 -16 AND TO REPEAL SECTION 15 -29 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. Council Member Adams made a motion to have second reading on this bill, at the end of the Second Readings, seconded by Council Member Horvath. The motion carried. ORDINANCE NO. 6484 -78 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE I EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of seven ayes and one nay (Council Member Adams.) ORDINANCE NO. 6485 -78 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE II EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded Council Member Szymkowiak. The bill passed by a roll call vote of seven ayes and one nay (Council Member Adams.) ORDINANCE NO. 6486 -78 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE III EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1978, AND ENDING SEPTEMBER 30, 1979, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, secondE by Council Member Taylor. The bill passed by a roll call vote of seven ayes and one nay (Council Member Adams.) REGULAR MEETING OCTOBER 23, 1978 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6487 -78 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of seven ayes and one nay (Council Member Adams.) ORDINANCE NO. 6488 -78 AN ORDINANCE AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 7, SNOW ROUTES, AND CHAPTER 20, ARTICLE 1, GENERAL PROVISIONS, ADMINISTRATION AND REGULATIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Miller. The motion carried. Council Member Szymkowiak made a motion to pass this bill, as amended, seconded by Council Member Taylor, The bill passed by a roll call vote of seven ayes and one nay (Council Member Kopczynski.) ORDINANCE NO. 6489 -78 AN ORDINANCE TRANSFERRING $700.00 AMONG THE VARIOUS BUDGET CLASSIFICATIONS (OF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Horvath. The bill passed by a roll call vote of eight ayes. BILL NO. 199 -78 A BILL AMENDING SECTION 4 -3 OF CHAPTER 4, AMUSEMENTS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to continue public hearing and second reading on this bill until the next meeting, seconded by Council Member Horvath. The motion carried. ORDINANCE NO. 6490 -78 AN ORDINANCE TRANSFERRING $1,900.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE BUREAU OF CEMETERIES IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council. Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6491 -78 AN ORDINANCE APPROPRIATING $8,000.00 FROM THE COM- MUNITY DEVELOPMENT BLOCK GRANT FUND, FOR A HISTORIC PRESERVATION SURVEY, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND SAINT JOSEPH COUNTY. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6492 -78 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3, COMMONLY KNOWN AS THE ABANDONED VEHICLE ORDINANCE. 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 eight ayes. ORDINANCE NO. 6493 -78 AN ORDINANCE TO AMEND SECTION 15 -16 AND SECTION 15 -29 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This bill had second reading. Council President Parent indicated that an amendment would be madE to this bill, at the request of Council Member Horvath. Council Member Horvath indicated that he requested this amendment, due to the fact that he did not think that a person who hires a cab should have to share it, if he did not want to. Kathleen Cekanski - Farrand indicated she and the attorney for the taxicab company, Kevin Butler, had worked out the following amendment to Chapter 2, Section 15 -29, "A driver may permit persons, other than the first person employing the taxicable to ride in any such taxicab, unless the first person shall refuse to permit ad- ditional persons. ", Council Member Taylor made a motion to amend this bill, seconded by Council Member Miller. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Adams. The bill passed by a roll call vote of eight ayes. COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 195 -78 A BILL ESTABLISHING A USER FEE FOR THE USE OF AMBULANCE /MEDICAL SERVICES PROVIDED BY THE QTY OF SOUTH BEND, INDIANA, THROUGH ITS PARAMEDIC BRANCH OF THE FIRE DEPARTMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this bill would set a fee of $35 for all ambulance runs, and there would be no additional charges for mileage, treatment or drugs. He said that this bill would provide a fee of $20 for senior citizens. He indicated that these established rates could bring an income to the City of over $100,000. Council Member Adams, Chairman of the Personnel and Finance Committee, indicated her committee had met, and Mr. Lou McGann and Lester Fox, had attended the meeting. She indicated that it was necessary that an established fee be set for everyone, as this was in accordance with Medicare and Medicade. She made a motion to amend Section I, by adding, "When a person is actually transported," after the word Department; and Section 2 be deleted, making Section3, Section 2 and Section 4, Section 3, seconded by Council Member Kopczynski. The motion carried. Mr. Mullen asked if the ambulance goes to a home and does not ransport, if there would be a charge. Council Member Adams indicated there would not be a charge. Mr. Mullen indicated he felt that non - transported patients should be charged if it was a frivolous run. Council Member Miller indicated he agreed with the amend- ment. Mr. Mullen asked Chief Van Wiele how many calls were made where they do not transport. Chief Van Wiele indicated that at least a quarter of the runs made are not transported. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Serge. The motion carried. BILL NO. 181 -78 A BILL TO AMEND SECTION 15 -16 AND TO REPEAL SECTION 15 -29 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Kevin Butler, attorney for the Courtest Cab Associa- tion and Indiana Yellow Cab Co., made the presentation for the bill. He indiated that the rates would be increased to ten cents for each one - seventh of a mile over the first one -fifth of a mile, as well as the limitation against additional passengers would be eliminated. He indicated that the continued rise in the cost of living necessitates this request. He said this will be the first rate increase since January of 1977. Council Member Horvath asked if the first person in the cab would have the right to refuse to share the cab. Mr. Butler in- dicated that is what they were seeking to change. Mr. Sharp of the Yellow Cab Company, indicate that this was something that would not be abused, and the company only wanted to perform a better service. He said that most people would be willing to share the cab. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 186 -78 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE I EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND,OBLI GAT IONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. BILL NO. 187 -78 BILL NO. 188 -78 BILL NO. 189 -78 A BILL APPROVING MONEYS CETA TITLE II EXPENSES TRAINING FOR THE FISCAL AND ENDING DECEMBER 31, CLAIMS AND OBLIGATIONS, SHALL TAKE EFFECT. FOR THE PURPOSE OF DEFRAYING THE DF THE BUREAU OF EMPLOYMENT AND PERIOD BEGINNING OCTOBER 1, 1978, 1978, INCLUDING ALL OUTSTANDING AND FIXING A TIME WHEN THE SAME A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE III EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1978, AND ENDING SEPTEMBER 30, 1979, INCLUDING ALL OUTSTANDING CLAIMS ANDOBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN.THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Mr. Elroy Kelzenberg, Director of the Bureau of Employ- ment and Training, made the presentation for the bills. He indicated these bills represented almost all of the CETA funding that comes into the City. He said that Congress has recently passed a four year extension for CETA. He indicated that the estimates from the Department of Labor: Title II, one fiscal quarter at the same level; Title III, 93% of previous year's alloca- tion; and Title VI, one fiscal quarter at the same level; do not contribute to accurate budget figures. He indicated that the figures presented on each of these bills are the ones submitted to the Department of Labor, in that they represent a reasonable figure, but they do not neces- sarily represent a final allocation. Council Member Adams indicated that the allotment was down from 1.7 million to 1.2 million and yet there were four more employees to administered the funds. She indicated this should be sent to committee for two weeks, in order to look at the differences in the budget. She made a motion to recommend these bills to the Personnel and Finance Committee, and continue them until the next scheduled Council meeting, seconced by Council Member Kopczynski. Mr. Kelzenberg indicated they were handling new title programs and they had to meet mandates set for the Department of Labor. Council Member Miller indicated that eight percent administrative costs were not excessive. The motion failed. REGULAR MEETING OCTOBER 23, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED Council Member Serge made a motion to recommend Bill No. 186 -78 to the Council favorable, seconded by Council Member Taylor. Council Member Adams asked for an explanation of the $1,000 increase in travel. Mr. Kelzenberg indicated that this was contingent on the amount of training that was anticipated for the staff. She asked for an explanation of the $3,800 increase in telephone costs. Mr. Kelzenberg indicated that the CETA offices were moving and there would be new equipment installed. She questioned the amount in subscription and dues. Mr. Kelzenberg indicated that more material and information was necessary. The motion carried. Council President Parent made a motion b recommend Bill Nos. 187 -78, 188 -78 and 189 -78 to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 193 -78 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 7, SNOW ROUTES, AND CHAPTER 20, ARTICLE 1, GENERAL PROVISIONS, ADMINISTRATION AND REGULATIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. 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 new bill would further clarify the Snow Route Ordinance. He indicated three things were covered in this bill, Snow Emergency, Residential Emergency and Weather Disaster. He said this bill would establish no parking on East /West streets on even numbered days and no parking on North /South streets on odd numbered days, during a Residential Emergency. He asked that the bill be amended in b(2) by inserting weekdays betwee . the words "banned between ". Council President Parent made a motion to amend the bill, seconded by Council Member Adams. The motion carried. Mrs. Jane Swan, 2022 Swygart, indicated she was in favor of this amended bill. Council Member Adams asked if the omitting of a Master Plan, filed in the City Clerk's office, had been an oversight. Mr. McMahon indicated it had not been an oversight, since how the streets will be plowed will depend on the amount of equipment avail- able. She indicated there could be three plans filed, which would cover all emergencies. She made the following amendments to the bill: Section 2 -102, add part c "A master plan designating street priorities for snow removal must be formulated by the Board of Public Works and filed wit the City Clerk by July lst. Any changes or additions to such plan shall be filed within forty - eight (48) hours of the effective change or addition. "; Section 20 -104, a(2) change to read "The pushing of snow onto any City street by an individual is prohibited. "; Section 20 -104 add b5 "The pushing of snow onto any City street by an individual isprohibited. "; Section 20 -104 add c6 "The pushing of snow onto any City street by an individual is prohibited." Section 20 -10 add c7, "Any individual abusing the services of CIty emergency vehicles shall be subject to the penalty provisions of Section 20 -105 and shall reimburse the City for all costs expended in res- ponding to any false calls. ", seconded by Council President Parent. The motion failed on a roll call vote of four ayes and four nays (Council Members Serge, Szymkowiak, Miller and Taylor.) Council Member Miller indicated he was against the master plan, since the plowing of streets was an administrative decision. He made a motion to amend this bill in Section 20 -104 a2, b5, c6, and c7, in accordance with Council Member Adams' motion, seconded by Council Member Adams. The motion carried. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Serge. The motion carried. (Bill No. 198 -78) follows Bill No. 199 -78) BILL NO. 199 -78 A BILL AMENDING SECTION 4 -3 OF CHAPTER 4, AMUSEMENTS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given the opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentatio for the bill. He indicated this bill would require the distributors of pinball machines to ob- tain the licenses required by the Code. He said this bill would increase the efficiency of his office by streamlining the administrative procedure in issuing licenses. He indicated he would like the bill amended by adding after the word pinball machine, "and electronic games of skill, in Sectionc, as well as delete the word distributor and insert the word owner. Council Member Miller made a motion to amend this bill, by adding "and electronic games" after pinball machines in (c), and deleting distributor and inserting the word "owner ", seconded by Council President ,Parent. Mr. Gordon Ford, of Ford Music and Vending, indicated that $25 per machine was too much, and that he and the other vendors had not had a chance to bgtain counsel because they just learned of this proposed ordinance. He asked the Council to continue this bill. Council Member Kopczynski made a motion to refer this bill to the Personnel and Finance Committee, and con- tinue it until the next Council meeting, seconded by Council Member Taylor. The motion carried on the amendment. The motion carried on the continuation. Council Member Adams announced that there would be a Personnel and Finance Committee meeting November 8, at 6:30 p.m., on this bill. BILL NO. 198 -78 A BILL TRANSFERRING $700.00 AMONG THE VARIOUS BUDGET CLASSIFICATIONS OF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the were given the opportunity to be heard. Mr. Thomas Brunner, for the bill. He indicated this transfer would allow for the Member Szymkowiak made a motion to recommend this bill to the Council Member Miller. The motion carried. BILL NO. 200 -78 above bill, proponents and opponent City Attorney, made the presentatio purchase of law books. Council Council favorable, seconded by A BILL TRANSFERRING $1,900.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE BUREAU OF CEMETERIES IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given the opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentatio for the bill. He indicated this transfer was necessary due to the fact that the Bureau of Cemeteries have been faced with old and rundown equipment, thus causing costly repairs and loss of time. He said that there never has been a replacement program for new equipment, and with this approval and the 1979 budget, the bureau can start to alleviate this problem. Council Memb Serge made a motion to recommend this bill to the Council favorablve, seconded by Council Member Szymkowiak. The motion carried. REGULAR MEETING OCTOBER 23, 1978 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 650 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND OPPOSING THE ST. JOSEPH COUNTY BOARD OF COMMISSIONERS PROPOSAL TO PURCHASE THE SEARS BUILDING. WHEREAS, the Common Council of the City of South Bend recognizes that the Sears Building located in the near downtown will soon be vacated; and WHEREAS, the Council believes that the future use of this building will have a definite effect on the city property tax revenues; and WHEREAS, the Council believes that all property owners should be encouraged to develop the highest and best uses of their properties; and WHEREAS, The Common Council opposes the St..Joseph County Board of Commissioners proposal to purchase the Sears Building since it would not necessarily be the best use for the property, nor would it continue to generate property tax revenues. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Common Council rededicates itself to programs which would further the sound economic development of our City. SECTION II. The Council recognizes the increasing hardships resulting from the declining property tax revenues. SECTION•III. The Council believes that properties like the Sears Building contribute to the economic growth and stability of our city and therefore should be retained on the tax rolls. SECTION IV. The Common Council believes that the St. Joseph County Board of Commissioners should reconsider their proposal to purchase the Sears Building, and encourages them to work with the city officials in developing long and short term plans which would stimulate sound economic growth in both the city of south bend and St. Joseph County. SECTION V. 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 /Rogert G. Taylor Member of the Common Council A public hearing was held on this resolution at this time. Council Member Taylor indicated that the purchase of the Sears Building has been a topic in the news media for the past several weeks. He indicated that since he agreed with the Mayor's position, he thought this would give the Council the opportunity to go on record as opposing the sale of the Sears Building to the Board of Commissioners. He said he thought it was very premature on the part of the County Commissione: to even be discussing such a purchase. He said the City would be much better off if it could retian the building on the tax rolls. He indicated there was a good chance the building could be sold for some type of private use, where the CIty could retain the taxes. Council President Parent asked the City Clerk, Irene Gammon, to read a letter from County Commissioner Henry R. Ferrettie, regarding the County's position on the purchase of this Building-: Mr. Roger 0. Parent President, South Bend Common Council 4th Floor, County -City Building South Bend, Indiana 46601 Dear Roger: This letter is to let you and the other South.BendCity Council members know that we are not opposed to the spirit of the resolution pertaining to the Sears Building. First, the County Commissioners are dedicated to programs which will further the sound economic development of South Bend and all of St. Joseph County. Second, it is an important goal of County Government to stimulate the expansion of the property tax base. Third, properties such as the Sears Building should not be left unused for a long period of time because of their central location and potential adverse effect on the whole downtown area. Fourth, the County Commissioners have no plans to acquire the Sears Building if a private enterprise shows serious interest in the building. The County Commissioners are committed to finding a facility for the Department of Public Welfare which is central on the bus line, with ample parking, and adequare for the work to be done, at the lowest possible cost to the taxpayer. Please remember that space saving money through low office housing costs for the Department of Public Welfare would keep taxes down and have longer run impact on taxes than simply keeping a building on the tax rate. Lastly, the Commissioners are disappointed that Councilman Robert Taylor would feel that he has to file a resolution with the Council to make us aware of his views. From the start, we have been open to public opinion on the matter of relocating the Department of Public Welfare. More than simply being "open ", we formed a citizens group to look for alternative solutions to the problem. The Sears building was their number one recommendation. We invite Mayor Nemeth, Councilman Taylor, and any other Council member to join us in serious discussions on this issue, we will be more than glad to receive their help. Please call me as soon as possible to set a date and time. I am waiting for your reply. Thank you. Sincerely, THE BOARD OF COMMISSIONERS, COUNTY OF ST. JOSEPH, INDIANA Henry R. Ferrettie Member REGULAR MEETING OCTOBER 23 1978 REGULAR MEETING RECONVENED (CONTINUED) Mrs. Jane Swan, 2022 Swygart, indicated that all citizens are interested in the best use of the Sears Building. She indicated that this building should not be allowed to deteriorate, and if a new tenent cannot be found in a reasonable length of time, the building would have tremendous potential for County offices. Council Member Horvath indicated he agreed with the resolution, as far as the Council's concern about the declining tax revenue. He said if some one wants the building for a commercial venture that was fine, but he would not want to see the building deteriorate, and the County could use their building for office facilities. He indicated local government was paying out more in tax dollars for rent than what the City would take in on the building. Council Member Serge asked Mr. Brunner what he considered a reasonable length of time for this building to be sold. Mr. Brunner indicated that he would not want to venture a guess. He indicated that the Mayor would want to associate himself very strongly with this resolution, since he believbd we should always attempt to retain taxable property, and with the newed interest in the downtown area, he feels the facility will find a private buyer. Council Member Miller indicated he felt this should be a retail store. He, said that an excessive amount of money would have to be spent on remodeling. He indicated that he understood that the Sears Building was not the number one selection of the citizen's committE He said the purchase of this building by the County would not be in the best interest of the City. Council Member Szymkowiak indicated that he hoped that Sears would stay in the South Bend location. Council Member Adams indicated that the Council did not have all the facts on the matter, and it was difficult for the Council to tell the County that this site is not available to them. Council President Parent thanked Commissioner Ferrettie for his letter. He indicated that the Commissioner had asked the City Council's help to assist them in finding a building. He said this kind of spirit should be reflected by City officials. Council Member Miller made a motion to adopt this resolution, seconded by Council Member Taylor. The resolutic was adopted by a roll call vote of seven anyes and one nay (Council Member Serge.) RESOLUTION NO. 651 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE, NON- PROFIT GROUP CONTRACT IN EXCESS OF $5,000.00.FOR PROPERTY ACQUISITION AND REHABILITA- TION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, rehabilitation costs and acquisition assistance under the Community Development Program has exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with RENEW, INC. for the rehabilitation work on, and acquistion of the following property: Lot 135 Muessel, second addition to the City of South Bend, Indiana 921 Cleveland Avenue. Rehabilitation $5,541.74 Acquisition 2,458.26 Total $8,000 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. RESOLUTION NO. 652 -78 /s /Walter M. Szymkowiak Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE AWARD OF ONE NON- PROFIT GROUP CONTRACT IN EXCESS OF $5,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, the rehabilitation work under the Community Development Program has exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with the South Bend Homeowners of the Near Northwest, Inc., for the rehabilitation work on the following property: Lot #163 of Mussel, Third Addition 1142 Blaine Street $8,000.00 to the City of South Bend, Indiana Total $8,000.00 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s/ Walter M. Szymkowiak Member of the Common Council REGULAR MEETING OCTOBER 23, 1978 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held at this time on these resolutions. Mr. James Harcus, Director of the Bureau of Housing, indicated that these resolutions would allow the Bureau of Housing to enter into an agreement with RENEW, Inc., for rehabilitation work in property located at 921 Cleveland Avenue; as well as a contract with the Near Northwest, Inc., for rehabilitation work at 1142 Blaine Street. Council Member Serge made a motion to adopt Resolution No. 651 -78, seconded by Council Member Miller. The resolution was adopted by a roll call vote of eight ayes. Council Member Taylor made a motion to adopt Resolution No. 652 -78, seconded by Council Member Horvath. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 653 -78 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND CROWE, CHIZEK AND COMPANY, AN INDIANA PARTNERSHIP, PROVIDING FOR THE ISSUANCE BY SAID CITY OF ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF THE INDIANA CODE OF 1971, TITLE 18, CHAPTER 6, ARTICLE 4.5, AS AMENDED. The City still has insufficient employment opportunities and insufficient diversification of industries, which conditions are harmful to the economic stability and general welfare of the area and, if not remedied, will be detrimental to the development of such area; and The City is authorized under the provisions of Indiana Code of 1971, Title 18, Chapter 6, Article 4.5, as amended (the "Act ") to acquire, construct and finance economic development projects, for the user thereof and to provide for the issuance of revenue bonds in conjunction therewith; and The City in order to implement the public purposes enumerated in the Act and in furtherance thereof to induce Crowe, Chizek and Company, an Indiana partnership (hereinafter called "Crowe, Chizek:), to construct an office building, including all necessary land, fixtures and furnish- ings (hereinafter collectively called the "Project "), within the corporate limits of the City, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of the Act and to apply the proceeds therefrom to the payment of the costs of financing and ac- quisition and construction of the Project; and Crowe, Chizek after considering a number of possible locations within and outside of the State-of Indiana, and in reliance upon the intent of the City to finance the acquisition and construction of the Project through theissuance of revenue bonds under the provisions of the Act, has determined to construct the Project within the corporate limits of the City; and It is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Agreement expressing formally and in writing the understanding heretofore in- formally agreed upon by the City and Crow, Chizek: NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Mayor is hereby authorized and directed to execute a Memorandum of Agree- ment by and between the City and Crowe, Chizek and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Agreement to be delivered to, accepted and executed by Crowe, Chizek, said Memorandum of Agreement which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be substantially the form attached hereto as Exhibit A. SECTION 2. All resolutions and orders, or parts thereof, in conflect with the provisions of this resolution, are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption. /s /Roger 0. Parent Member of the Common Council A public hearing was held at this time on this resolution. Mr. Kenneth Fedder, attorney for the Economic Development Commission, asked that this resolution be amended by changing the word intent to agreement in the title and on page 2 lines 2, 8, 12 and 13; and the Memorandum of Agreement be amended on page 2, by changing the figure to $3,200,000, and on page 5, change the mayor's name to Peter J. Nemeth. Council Member Miller made a motion to amend the resolution and Memorandum of Agreement, seconded by Council Member Taylor. The motion carried. Mr. Fedder indicated that Crowe, Chizek is considering an expansion of their present facilities. He said this expansion was a belief, on their part, in our city. Council Member Horvath made a motion to adopt this resolution, as amended, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 654 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO UNITED STATES GOVERNMENT, DEPARTMENT OF ENERGY, AN APPLICATION FOR AN APPROPRIATE TECHNOLOGY GRANT FOR A SOLAR EMERGY DEMONSTRATION PROJECT UNDER SECTION 112 OF THE ENERGY RESEARCH AND DEVELOPMENT AUTHORIZATION ACT OF 1977. WHEREAS, the Mayor of the City of South Bend, Indiana is the Chief Executive Officer of the City, and is the Applicant for Department of Energey funding under Section 112 of the Energy Research and Development Administration Appropriation Authorization Act of 1977; NOW, THEREFORE, BE IT RESOLVED by the Common Council of th eCity of South Bend, Indiana, that: Section I. The Mayor of the City of South Bend is hereby authorized to submit an ap- plication for an Appropriate Technology Grant in the amount of Thirty -two Thousand Two Hundred and Fifty -three Dollars and Twenty -eight Cents ($32,253.28) to the United States Government, Department of Energy. REGULAR MEETING OCTOBER 23, 1978 REGULAR MEETING RECONVENED (CONTINUED SECTION II. The Mayor of the City of South Bend shall submit to the Common Council a line item budget in Ordinance form prior to any expenditures of any grant funds received upon approval of this application. SECTION III. This Resolution shall be in full force and effect from and afters its adoption by the Common Council and approval by the Mayor. /s /Roger 0. Parent Member of the Common Council A public hearing was held at this time on this resolution. Mr. Carl Ellison, Director of Community Development, asked that this resolution be amended in Section I, by changing the amount from $25,000 to $32,253.28. Council Member Taylor made a motion to amend this resolu- tion, seconded by Council Member Miller. The motion carried. Council Member Serge made a motion to adopt the resolution, as amended, seconded by Council Member Taylor. Mr. Ellison indicated that if this grant was approved it would be used for a solar hot water system that would help meet the hot water demands of El Campito Day Care Center. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 655 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING AND WISHING POLISH CARDINAL KAROL WOJTYLA MUCH SUCCESS AS HE BECOMES THE 264TH PONTIFF OF THE ROMAN CATHOLIC CHURCH. WHEREAS, on Monday, October 16, 1978, the Cardinals of the Roman Catholic Church elected Polish Cardinal Karol Wojtyla as the 264th Pontiff of the 700 million- member church; and WHEREAS, Polish Cardinal Karol Wojtyla is the first non - Italian in over 450 years to be named Pontiff; WHEREAS, his selection of the name, John Paul II signals the continuation of his predecess humility, warmth, and caring; WHEREAS, the City of South Bend with its large Polish population is particularly proud of the man selected to dedicate this life to bringing peach and social justice to the World. NOW,.THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Citizens of the City of South Bend, through their Common Council, commend and wish Polish Cardinal Karol Wojtyla much success as he becomes the 264th Pontiff of the Roman Catholic Church. SECTION II. The Common Council further expresses its sincere hope that the new Pontiff will have a long and fruitful mission in his quest for world peace. SECTION III. The Citizens of the City of South Bend, Indiana, and in particular those of Polish heritage are indeed proud of this moment, and ask for continued spiritual guidance on the work and teachings of Pope John Paul II. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Walter M. Szymkowiak /s /Terry S. Miller /s /Walter T. Kopczynski /s /Roger O. Parent /s /Richard C. Dombrowski /s /Robert G. Taylor ?s /Joseph T. Serge /s /Mary Christine Adams /s /Frank Horvath A public hearing was held at this time on this resolution. Council Member Szymkowiak indicated he was very honored to have sponsored this resolution. He read the resolution. Mr. Mullen, City Controller, indicated that the Administration highly endorsed this resolution add urged the Council to pass it. He indicated that a copy of the resolution and.a petition could be put in the lobby so all citizens who are interested could sign it before it was sent to the Pope. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of eight ayes. Council Member Miller made a motion to change the November meeting dates to November 6, at 7:00 p.m., and November 20, at 7:00 p.m., seconded by Council Member Taylor. The motion car- ried. Council Member Adams made a motion to reconsider the date set for Bill No. 199 -78, seconded by Council Member Miller. The motion carried. Council Member Adams made a motion to continue thepublic hearing and second reading on Bi.11.No. 199 -78 until November 20, 1978, seconded by Council Member Kopczynski. The motion carried. Council Member Adams asked the City Clerk to send a letter to all parties concerned. I's REGULAR MEETING OCTOBER 23, 1978 REGULAR MEETING RECONVENED (CONTINUED BILLS, FIRST READING BILL NO. 204 -78 A BILL APPROVING THE FORM AND TERMS OF LEASE,.MORTGAGE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THREOF PERTAINING TO FULG COMPANY, AN INDIANA LIMITED PARTNERSHIP, r This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading November 6, 1978, seconded by Council Member Kopczynski. The motion carried. BILL NO. 205 -78 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, INDENTURE OF TRUST AND MORTGAGE AND INDUSTRIAL DEVELOP- MENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO N/D REALTY. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading November 6, 1978, seconded by Council Member Miller. The motion carried. BILL NO. 206 -78 A BILL APPROPRIATING $19,800 FROM THE EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading November 6, 1978, seconded by Council Member Horvath. The motion carried. BILL NO. 207 -78 A BILL APPROPRIATING $20,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR EMERGENCY REPAIR HOUSING SERVICES TO BE ADMINISTERED 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 Taylor made a motion to set this bill for public hearing and second reading November 6, 1978, seconded by Council Member Adams. -The motion carried. BILL NO. 208 -78 A BILL AMENDING ORDINANCE NO. 6480 -78, BY THE INCLUSION OF THE POLICY PERTAINING TO THE RATE OF REIMBURSEMENT TO EMPLOYEES WHO USE THEIR PRIVATE VEHICLES IN PERFORMING JOB DUTIES FOR THE CITY OF SOUTH BEND, INDIANA, IN CHAPTER 2, ARTICLE 8, SECTION 2 -121 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading November 6, 1978, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Reports from Area Plan 2700 Lincoln Way West - Upon a motion by Joseph Serge, being seconded by William Limerick, and unanimously carried, the petition of Hickey Funeral Home, as amended, to zone from "B" Residential "A" Height and Area, to :C -1" Commercial, "A" Height and Area, property located at 2700 Lincoln Way West, City of South Bend, is returned to the Common Council with a favorable recommendation subject to a final site plan and subject to the follwoing three provisions: 1) auto stacking area for drive -in windows be increased per City Engineer's comments. 2) screen on east boundary be con - nected so as to provide a continuous unbroken buffer. 3) curb cut approval." 2100 Ewing to 2300 Prairie Upon a motion by Jos -eph Serge, being seconded by Daniel Chrzan and unanimously carried, the petition of James Cronk (Monica Peak, et al) to zone from "A" Residential, "A" Height and Area, and "C" Commercial, "A" Height and Area, property located at.2100 Ewing to 2300 Prairie Avenue, City of South Bend, is returned to the Common Council with an unfavorable recommendation by the Area Plan Commission. Council Member Kopczynski made a motion to set the appropriate bills for public hearing and second reading November 6, 1978, seconded by Council Member Adams. The motion carried. Council Member Adams changed the date of the Personnel & Finance Committee meeting to November 13, 1978, at 6:00 p.m. a 1� REGULAR MEETING OCTOBER 23, 1978 REGULAR MEETING RECONVENED (CONTINUED) NEW BUSINESS Council Member Kopczynski made a motion to appoint Joe Burkus, to the Century Center Board of Managers to replace Stanley Ladd, seconded by Council Member Adams. The motion carried. Council Member Adams made a motion to appoint Andrew Plodowski, Jr., a citizen member of the Utilities Committee, seconded by Council Member Taylor. The motion carried. Council Member Kopczynski made a motion to appoint George Proctor -Smith a citizen members of the Human Resources Committee, seconded by Council Member Adams. The motion carried. 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 Horvath. The motion carried and the meeting was adjourned at 9:32 p.m. ATTEST: City Clerk APPROVED: r Pres n s