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