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HomeMy WebLinkAbout02-25-80 Council Meeting MinutesREGULAR MEETING FEBRUARY 25, 1980 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, February 25, 1980, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given: ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Beck, McGann, Taylor, Kopczynski, Crone, Dombrowski, and Voorde. 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 11, 1980 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Lewis A. McGann /s /Beverlie J. Beck Council Member Serge made a motion that the minutes of the February 11, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. THe motion carried. SPECIAL BUSINESS Council President McGann read the list of citizen members to be appointed to Council Committees: REGULAR MEETING FEBRUARY 11, 1980 Delores Kovas, Residential Neighborhoods; Konnie Beasley, Personnel & Finance; Clinton Bucher Personnel & Finance; Gregory Tkachyk, Public Works; Roman Piasecki, Public Works; Judith Olson, Parks and Recreation; Paul Boehm, Parks and Recreation; Alex Deranek, Utilities; Orvis Hart, Utilities; Frank X. Schaefer, Century Center; Jack McDaniel, Century Center; Eugene Abrams, Public Safety; Jane Powell, Public Safety; Christopher Davey, Economic Development; Marc Brammer, Economic Development. Council Member Taylor made a motion to appoint them to the various committees, seconded by Council Member Serge. The motion carried. Council Member Taylor made a motion to appoint William Burke, Howard Rogers and Edward Baer to the Energy Commission, seconded by Council Member Dombrowski. The motion carried. Council Member Kopczynski made a motion to appoint John Appleton to the Historic Preservation Commission, seconded by Council Member Taylor. The motion carried. Council Member Kopczynski made a motion to appoint Los Haber to the A.C.T.I.O.N. Board of Directors, seconded by Council Member Dom- browski. The motion carried. Council President McGann indicated that Sidney Wolfe had re- signed from the Energy Commission. Council Member Taylor made a motion to appoint Myron Busby, Jr., to fill the unexpired term, seconded by Council Member Beck. The motion carried. Council Member Kopczynski 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, February 25, 1980, at 7:08 p.m., with nine members present. Chairman Szymkowial presiding. BILL NO. 18 -80 A BILL AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT AND TRUST INDENTURE AND BONDS AND AUTHORIZING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO RAITT CORPORATION PROJECT. 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 Mintz, attorney for the Raitt Corporation, made the presentation for the bill. He indicated this $550,000 bond issue would be used to finance the construction of an airline freight terminal at the Michiana Regional Airport. He said the terminal will be leased to United Airlines and Towne Airfreight. He indicated this building will perserve a minimum of 12 jobs. Council Member Serge 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 Dombrowski made a motion to rise and report to the Council, seconded by Council Member Crone. The motion carried. ATTEST: City Clerk . REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the Fourth Floor of the County -City Building at 7:12 p.m. Council President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6754 -80 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT AND TRUST INDENTURE AND BONDS AND AUTHORIZING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO RAITT CORPORATION PROJECT. This bill had second reading. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 760 -80 A RESOLUTION REQUESTING PERMISSION FOR THE DEPARTMENT OF PUBLIC PARKS TO FILE AN APPLICATION TO THE INSTITUTE OF MUSEUM SERVICES. WHEREAS, the Department of Public Parks, City of'South Bend, Indiana is desirous in obtaining additional funds for the operation of Potawatomi Park Zoo, and WHEREAS, the Institute of Museum Services, through the Department of Health, Education and Welfare has Federal financial aid available for such projects. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that the Department of Public Parks is hereby given permission to file a grant application to the Institute of Museum Services for financial assistance for the operation of Potawatomi Park Zoo. 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 /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Craig McGowan, zoo director, in- dicated this grant would be used to hire an educator and a graphics specialist for one year. He said the educator would work in the classroom facilities in the new Wildlife Services Building development, coordinating and carrying out programs for groups of all ages; and the graphics specialist would design and construct signs with information about the animals. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Kopczynski. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING FEBRUARY 25, 1980 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 761 -80 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND, FEDERAL ASSISTANCE GRANT FUND, WASTE- WATER DEPRECIATION FUNDS, WATER WORKS DEPRECIATION FUND, AND WASTEWATER GENERAL FUND, AND WASTEWATER CONSTRUCTION FUND, TO THE CORPORATION GENERAL, PARK MAINTENANCE, POLICE PENSION, FIRE PENSION AND HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COM- MISSION FUNDS AND CENTURY CENTER OPERATIONS FUND, ALL FUNDS BEING WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. WHEREAS, a necessity exists to provide funds for the Corporation General, Park Maintenance, Police Pension, Firemen Pension, Human RElations and Fair Employment Practices Commission and Century Center Operations Fund prior to the receipts of taxes in the year 1980 in order to meet the current operation expenses of the City, provided for in the budget and appropriation adopted for the year 1980 which expenses must be met prior to the receipts of taxes and other revenues in the year 1980, and WHEREAS, there are monies on deposit to the credit of various funds of the City, to wit: Cumulative Sewer Building and Sinking, and Federal Assistance Grant, Wastewater General, Waste - water Depreciation, Water Works Depreciation Funds and Wastewater Construction Fund which can be temporarily advanced or transferred to the various funds already mentioned, and WHEREAS, Indiana Code 19- 11 -2 -1 and 19- 11 -2 -2 authorize the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the City Controller of the City of South Bendis authorized to transfer an aggregate amount not to exceed $4,650,000.00 to various funds from various other funds as listed below. The aggregate amount of $4,650,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1980. FROM: MAXIMUM TO: MAXIMUM Cumulative Sewer Corporation General $3,680,000.00 Building & Sinking Fund $1,000,000.00 Park Maintenance 500,000.00 Federal Assistance Grant Fund 750,000.00 Police Pension Fund 200,000.00 Firemen Pension Fund 200,000.00 Wastewater General Fund 500,000.00 Human Relations & Fair Practices Comm. Fund 20,000.00 Wastewater Depreciation Fund 750,000.00 Wastewater Construction Century Center Operations Fund 950,000.00 Fund 50,000.00 Water Works Deprecation Fund 700,000.00 $4,650,000.00 $4,650,000.00 SECTION II. Such transfer shall be made for a period of time not to extend beyond December 31, 1980, and such funds so transferred shall be returned and repaid to the original funds from which they were transferred. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Joseph Kernan, City Controller, indicated this transfer of idle funds permits individual City funds to stay out of the red for operation purposes. He indicated this resolution is only effective until December 31, 1980. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING FEBRUARY 25, 1980 REGULAR MEETING RECONVENED (CONTINUNED RESOLUTION NO. 762 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE.MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 1980 COMMUNITY DEVELOPMENT, AN APPLICATION FOR 1980 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT 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 Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1977. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the 1980 Community Development Block Grant Application to the United States Government under Title I of the Housing and Community Development Act of 1977. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the 1980 Community Development Block Grant application to the Common Council for review and comment at least two (2) weeks prior to the date upon which the Community Development Block Grant Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form prior to the expenditure of any Community Development Block Grant funds received upon approval of this application. SECTION IV. 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 /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Ms. Marzy Baurer, Director of Community Development, indicated this was a resolution authorizing them to submit the City's 1980 CDBG application to the Department of Housing and Urban Development. She indicated that a line item budget in ordinance form would be presented to Council before any funds were ex- pended. Council Member Dombrowski indicated that he wanted to go on record as having three changes made in the proposal; the $50,000 appropriation for the YWCA be stricken; that an unspecified local option figure be cut from $364,675 to $264,675; and the $100,000 sum for central budiness district improvements be increased to $250,000. Council Member Kopczynski made a motion to adopt the resolution, as submitted by Ms. Bauer, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 763 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACKNOWLEDGING AND AUTHORIZING THE PARTICI- PATION OF CERTAIN CITY EMPLOYEES AND PUBLIC OFFICIALS IN COMMUNITY DEVELOPMENT BLOCK GRANT, URBAN HOMESTEADING, AND SECTION 312 LOAN PROGRAM ACTIVITIES. WHEREAS, the Common Council of the City of South Bend, Indiana, is the Chief Governmeng Body of the City; and WHEREAS, the City is the recipient of Federal domestic assistance from the United States Department of Housing and Urban Development (HUD) to conduct Community Development Block Grant, Urban Homesteading, and Section 312 Loan activities. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Common Council of the City of South Bend, Indiana, hereby acknowledges and authorizes the participation of the below named City employee or public official in below noted HUD - funded activity(s): Employee /Public Official Activity Joseph Pluta I Section 312 Loan Program SECTION II. 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 /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Ms. Marzy Bauer, Director of Com- munity Development indicated that a new requirement issued by HUD stated that waivers would now be granted on the condition that the Common Council publicly recognize the participation of city employees or public officials in HUD - funded programs. Council Member Kopczynski made a motion to adopt this resoltuion, seconded by Council,Member Serge. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING FFRRUARY 95 1QRn REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 764 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA DEPARTMENT OF SOCIAL SERVICES AN APPLICATION FOR FUNDS UNDER TITLE XX OF THE SOCIAL SECURITY ACT OF 1936, AS AMENDED. (See resolution below) A public hearing was held on the resolution at this time. Ms. Micki Dobski, of the Youth Service Bureau, indicated this resolution would establish the authority forthe Mayor to sub- mit an application for Title XX funds in the amount of $38,115.07 to the Indiana Department of Public Welfare, for funding of the Runaway Shelter and Youth Leadership Program. She in- dicated that a line item budget would be submitted to the Council in ordinance form, prior to the expenditure of any grant money received. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Kopczynski. The resolution was adopted by a roll call vote of nine ayes. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and 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 hereby establishes the authority of the Mayor of the City of South Bend to submit an application for Title XX funds in the amount of $38,115.07 to the Indiana Department of Public Welfare under Title XX of the Social Security Act of 1936, as amended, for funding of the Runaway Shelter and Youth Leadership Program. 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 Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form, prior to the expenditure 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 /Lewis A. McGann Member of the Common Council RESOLUTION NO. 765 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INSTITUTE OF MUSEUM SERVICES A GRANT APPLICATION FOR GENERAL OPERAT- ING SUPPORT MONIES FOR DISCOVERY HALL. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the Applicant for Institute of Museum Services Funds for Discovery Hall. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. SECTION I. That the Mayor of the City of South Bend is hereby authorized to submit an application for $35,000, in General Operating Support Funds which may be used for most general operating expense items of the museum (including perhaps, additional staff Personnel in Dis- covery Hall Museum). SECTION II. That for every category established under this resolution the Mayor shall submit of any to the Common Council a line item budget in Ordinance form prior to any expenditure grant money received upon approval of the 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 /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Joseph Kernan, City Controller, indicated this $35,000 grant application could be used for most general operating expense items of the museum. He indicated this grant did not require a match. 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 nine ayes. BILLS. FIRST READING BILL NO. 20 -80 A BILL AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 17 ENTITLED FIREFIGHTERS AND POLICEMEN`S COLLECTIVE BARGAINING ACT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading March 10, 1980, seconded by Council Member Kopczynski. The motion carried. BILL NO. 21 -80 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND (EXPRESS FREIGHT LINES, INC., PROJECT.) This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading March 10, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 22 -80 A BILL APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 46 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COM- MISSION RELATING TO THE G &W RENTALS PROJECT. r-fu REGULAR MEETING FEBRUARY 25, 1980 REGULAR MEETING RECONVENED (CONTINUED) This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading March 10, 1980, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Reports from Area Plan: Bill No. 2 -80 - 1031 -1045 E. Miner "Upon a motion by Paul Klein, being seconded by Rene Vandewalle, and carred, the proposed ordinance and site development plan of Dell Owens is sent to the Common Council with no recommendation." Council Member Beck made a motion to set this bill for public hearing and second reading March 10, 1980, seconded by Council Member Kopczynski. The motion carried. Bill No. 3 -80 - Linden and Clemens. "Upon a motion by Pat McMahon, being seconded by Joseph Serge, and unanimously carried, the proposed ordinance and site development plan of T: Brooks Brademas is sent,to the Common Council with a favorable recommendation subject to a final site plan including a 40 foot one -half right -of -way for LInden Street, the dedication of an additional 20 feet of right -of -way for Clemens Street, sufficient parking, proper setback for the community building andsidewalks as requested by the City Engineer's office." Council Member Kopczynski made a motion to set this bill for public hearing and second reading April 14, 1980, seconded by Council Member Dombrowski The motion carried. NEW BUSINESS Sale of City -owned property: 718 S. Bendix, 910 S. Columbia, 1245 Van Buren, 925 Oak Street, 629 E. Broadway. Council Member Beck made a motion to approve the sale of this City -owned property, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Kopczynski made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjoruned at 7:34 p.m. ATTEST: 4" A�� CITY CLERK ZAP ROVED. SIDENT