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HomeMy WebLinkAbout06-23-80 Council Meeting MinutesCITY CLERK .Vnrl J 111T11N 1 ******************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REGULAR MEETING JUNE 23, 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, June 23, 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 CommoniCouncil 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 May 27, 1980 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Lewis A. McGann /s /Beverly Crone Council Member Serge made a motion that the minutes of the May 27, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. REPORTS Council Member Szymkowiak indicated that the Utilities Committee will meet in thirty or fourty days on the sewage insurance fund bill, in order to get more information from experts in the field. 0 Council Member Voorde indicated that the Human Resources Committee had met regarding the Mossber€ tax abatement petition, and unanimously designated this as an urban development area. He said a declaratory resolution will be filed establishing the fact that Mossberg is eligible for tax abatement. 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, June 23, 1980, at 7:05 p.m., with nine members present. Chairman Szymkowiak presiding. BILL NO. 31 -80 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) (743 E. IRELAND ROAD.) This being the time heretofore set for public hearing on the above bill, proponents and opponent; were given an opportunity to be heard. Mr. Jack Dunfee, attorney for the petitioner, made the presentation for the bill. He indicated this rezoning would allow for a doctor's office at this location. He said the only external changes to be made to the existing property was the addition of ten parking spaces. He described the surrounding area. Mr. Don Blackmond, attorney represent ing a remonstrator, spoke against the rezoning. Council Member Taylor made a motion to recommenc this bill to the Council favorable, seconded by Council Member Serge. The motion carried. COMMITTEE OF THE WHOLE BILL NO. 32 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21 MUNICIPAL CODE) (SOUTHWEST CORNER OF PORTGAGE AND INDIANA TOLL ROAD . ) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Charlie Clark, representative of the Holiday Corpora - tion, made the presentation for the bill. He indicated this rezoning would allow for a convenien< store with two gasoline islands. He said it was essential to have some retail stores near the Portage Place Development. Mr. John Phair, representative of the Holiday Corporation, indicated there were no remonstrators at Area Plan on this petition. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 46 -80 A BILL AMENDING CHAPTER 17, SEWERS AND WATER OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF A NEW ARTICLE 7 ENTITLED SEWER SERVICE FUND. Council Member Szymkowiak announced that this bill would be continued, in order to obtain input from experts in the field. Council Member Kopczynski asked for a written report of the Utilities Committee meeting. Council Member Szymkowiak indicated he would get a written report to Council- man Kopczynski. Council Member Kopczynski indicated there should be a committee meeting next Wednesday. After discussion, he made a motion to continue public hearing on this bill until July 28, seconded by Council President McGann. The motion carried. BILL NO. 59 -80 A BILL APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THOMAS J. BRUNNER, JR., SOUTH BEND, INDIANA, FOR PROVIDING LEGAL SERVICES WITH RESPECT TO THE FIRST BANK CENTER PROJECT AND CENTURY MALL. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Carl Ellison, Director of Redevelopment, made the presentation for the bill. He indicated that the Board of Works had approved the renewal of a contract with Thomas J. Brunner for professional services, subject to the approval of the Council He said the First Bank Project involves FBT Corporation, Rahn Properties, HUD and the City in a series of complex and essential agreements. He said Mr. Brunner has assisted the City in docu- menting these agreements and assuring that the terms, conditions and representations made by the parties are followed. He said Mr. Brunner is continuing work initiated in 1979 on the Tax Incremental Bond Financing necessary for the construction of the Century Mall Project. He in- dicated that no allocation of funds will be necessary as a result of this contract, since Mr. Brunner's services related to the First Bank Project are funded by the UDAG Grant, while services related to Century Mall are funded from Community Development funds. Mr. Maurice Cohen, 725 E. Eckman, spoke against this bill. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Crone. The motion carried. BILL NO. 60 -80 A BILL APPROPRIATING $124,009.00 FROM THE LOCAL ROAD AND STREET FUND, TO PROJECT R &S 7801, SIGNALIZATION OF TEN (10) INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET SPECIAL DISTRIBUTION FUND. 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 used for - signalization of four. locations; Summit and Western; Michigan.and Donmoyer; Angela and Riverside; Angela_.and North Shore. .- Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 61 -80 A BILL APPROPRIATING $40,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR A DEMONSTRATION BLOCK PROJECT, TO BE ADMINISTERED BY 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. Ms. Marzy Bauer, Director of Community Development, made the presentation for the bill. She indicated this appropriation would enable them to implement a demonstration block grant project in the Near West Side C.D. "neighborhood strategy area." She said this approprition will provide funds for a variety of public works side improvements including sidewalk reconstruction or construction, curb and gutter reconstruction or construction and drainage facilities on an as- needed basis. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 63 -80 A BILL TRANSFERRING THE SUM OF $500.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE COMMON COUNCIL'S BUDGET OF 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 opponents were given an opportunity to be heard. Council President McGann made the presentation for the bill. He indicated this transfer was necessary in order to maintain office supplies for the balance of the year. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. 06 REGULAR MEETING JUNE 23 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 64 -80 A BILL APPROVING MONEYS FOR THE PURPOSE OF.DEFRAYING THE CETA TITLE IV SUMMER YOUTH EMPLOYMENT TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1979, AND ENDING DECEMBER 30, 1980, 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 bill, proponents and opponeni were given an opportunity to be heard. Mr. Elroy Kelzenberg, Director of the Bureau of Employ- ment and Training, indicated that this budget was substantially in accord with the previous summer's budget. Council Member Beck made a mtoion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 65 -80 A BILL AMENDING ORDINANCE NO. 6649 -79, THEREBY ADDING $48,147 IN CETA FUNDS FROM SEVERAL OTHER TITLES TO THE ADMINISTRATIVE COST POOL, TO BE ADMINISTERED BY THE BUREAU OF EMPLOYMENT AND TRAINING, FOR THE CONTRACTUAL SERVICES AND FRINGE BENEFITS. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Elroy Kelzenberg, Director of the Bureau of Employ- ment and Training, indicated this bill reflected increases in funds set aside for adminitrative costs of subgrant agencies and fringe benefits. Council Member Serge made a motion to recom- mend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Tayl made a motion to rise and report to the Council, and recess, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 8:02 p.m. ATTEST: CITY CLERK REGULAR MEETING RECONVENED ATTEST: I F, 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 8:12 p.m. Council President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6793 -80 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (742 E. IRELAND ROAD.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member. Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6794 -80 AN ORDINANCE AMENDING COMMONLY KNOWN AS THE SOUTH BEND, INDIANA ( CORNER OF PORTAGE AND This bill had second.reading. Council Member by Council Member Taylor. The bill passed by ORDINANCE NO. 4990 -68, AS AMENDED, ZONING ORDINANCE OF THE CITY OF �HAPTER 21, MUNICIPAL CODE) (SOUTHWEST THE INDIANA TOLL ROAD.) Serge made a motion to pass this bill, seconded a roll call vote of nine ayes. BILL NO. 46 -80 A BILL AMENDING CHAPTER 17, SEWERS AND WATER, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF A NEW ARTICLE 7 ENTITLED SEWER SERVICE FUND AND CHARGES. Council Member Taylor made a motion to continue public hearing and second reading on this bill until July 28, 1980, seconded by Council Member Serge. The motion carried. ORDINANCE NO. 6795 -80 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THOMAS J. BRUNNER, JR., SOUTH BEND, INDIANA, FOR PROVIDING LEGAL SERVICES WITH RESPECT TO THE FIRST BANK CENTER PROJECT AND CENTURY MALL. 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 nine ayes. ORDINANCE NO. 6796 -80 AN ORDINANCE APPROPRIATING $124,000.00 FROM THE LOCAL ROAD AND STREET FUND, TO PROJECT R &S 7801, SIGNALIZATION OF TEN (10) INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET SPECIAL DISTRIBUTION FUND. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. REGULAR MEETING JUNE 231 1980 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6797 -80 AN ORDINANCE APPROPRIATING $40,000.00 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR A DEMONSTRATION BLOCK PROJECT, TO BE AD- MINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Szymkowiak 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. 6798 -80 AN ORDINANCE TRANSFERRING THE SUM OF $500.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE COMMON COUNCIL`S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seco by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6799 -80 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE IV SUMMER YOUTH EMPLOYMENT PROGRAM EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGIN - NING OCTOBER 1, 1980 AND ENDING SEPTEMBER 30, 1980, 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, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6800 -80 AN ORDINANCE AMENDING ORDINANCE NO. 6649 -79, THEREBY ADDING $48,147 IN CETA FUNDS FROM SEVERAL OTHER TITLES TO THE AD- MINSTRATION COST POOL, TO BE ADMINISTERED BY THE BUREAU OF EMPLOYMENT AND TRAINING, FOR CONTRACTUAL SERVICES AND FRINGE BENEFITS. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 785 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH ST. JOSEPH COUNTY FOR THE PURPOSE OF ESTABLISHING AN EMPLOYMENT AND TRAINING CONSORTIUM, TO BE THE RECOGNIZED GRANTEE FOR BOTH THE CITY OF SOUTH BEND AND ST. JOSEPH COUNTY IN ACCORD WITH PROVISIONS OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, AS AMENDED. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City;and WHEREAS, the City of South Bend wishes to make joint application with St. Joseph County for funds under the Comprehensive Employment and Training Act of 1973, as amended; and WHEREAS, the City of South Bend wishes to enter into an agreement with St. Joseph County to establish a joint Employment and Training Consortium. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana: SECTION I. Hereby authorizes the Mayor to enter into the attached Agreement with St. Joseph County to establish a joint Employment and Training Consortium, and thereby jointly apply for funding and operate programs funded under the Comprehensive Employment and Training Act of 1973. SECTION II. The Mayor shall submit reports on Consortium Activities at the end of each fiscal quarter, detailing expenditures and services performed. SECTION III. The Mayor shall annually present to the Common Council for review and approval the joint preapplication for federal CETA funds and any modifications to the Con- sortium Agreement. SECTION IV. 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. Jon Hunt, Administrative Assistant to the Mayor, indicated this resolution authorizes the City to enter into agreement with St. Joseph County to establish a joint Employment and Training Consortium, and thereby jointly apply for funding and operate programs funded under The Comprehensive Employment and Training Act of 1973. He indicated the Consortium shall be governed by a Board consisting of two Ex- Officio members; the Mayor of South Bend and the President of the Board of Com- missioners of St. Joseph County, and a third member who shall be jointly appointed by the Ex- Officio members. He indicated there would be a Technical Advisory Committee consisting of: one member of Common Council of South Bend; one member of St. Joseph County Council; County Auditor; City Controller; City Personnel; County Personnel. He indicated that the benefits would include an improved public image, improvement and more efficient service, lead to a reduction in administrative staff and overhead. He indicated there might be a funding bonus from the Department of Labor. Phil Crone, 301 E. Donmoyer, advisory board member of County CETA, urged the adoption of the resolution. Council Member Dombrowski in- dicated this should be continued. He indicated that the Council did not understand the Consortium and perhaps there should be a meeting between the County and City Councils, as well a the Commissioners and the Mayor. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes REGULAR MEETING JUNE 23, 1980 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 786 -80 AN INDUCEMENT RESOLUTION RELATING TO THE CHATEAU BENDIX PROJECT. WHEREAS, pursuant to I.C. 18- 6 -4.5 -1 et seq. (the "Act "), the Common Council of the City of South Bend, Indiana created the South Bend Economic Development Commission, which Commission, following an investigation and survey, has determined that a need exists in the community for additional residential opportunities for elderly persons and commercial diversification. That in order to improve and promote development of sites for residential use, commercial diversifica- tion, and the general welfare of the community, a financing agreement should be entered into with Cheaeau Bendix, a limited partnership (the "Partnership "), relating to an Economic Develop- ment Facility, as that term is defined in the Act, to be known as the "Chateau Bendix P oject;" and WHEREAS, the Partnership will engage in the business of developing, owning and operating multi - family residential facilities and the Partnership desires to develop, rehabilitate and equip multi - family residential facilities for elderly persons with the result that it will increase residential opportunities for such persons; and WHEREAS, the Partnership proposes to acquire a parcel of real estate and the building or buildings located thereon known as the Bendix Estate located in South Bend, Indiana, an to develop rehabilitate and equip said building or buildings consisting of a housing project for elderly persons consisting of approximately 70 to 74 units; and WHEREAS, to induce the Partnership to develop, rehabilitate and equip such Economic Development Facility, the Common Council of the City of South Bend desires to adopt this resolu- tion; and WHEREAS, it is apparent that the development of the Chateau Bendix Project will increase residential and commercial diversification in South Bend, Indiana, resulting in benefit to the welfare of the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend as follows: Section 1. That approval is hereby given to the application of the Partnership relating to the acquisition of such real estate and the development, rehabilitation and equipping of the Chateau Bendix housing project for elderly persons thereof, wherein First Mortgage Housing Revenue Bonds would be issued by the City of South Bend, Indiana, for an amount not exceeding Three Million Dollars ($3,000,000) repayable with interest thereon over a period of time and with a maturity date which does not extend beyond thirty (30) years after the issue dat for purposes of financing the Chateau Bendix housing project. Section 2. In order to encourage, induce and solicit such application by the Partnership for such First Mortgage Housing Revenue Bond issue relating to the acquisition, development and construction of such Ecnomic Development Facility, the Common Council of the City of South Bend shall proceed to cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as. will facilitate the issuance of such First Mortgage Housing Revenue Bonds by the City of South Bend, Indiana, to provide funds to t I e used toward the payment of the costs of acquiring such real estate and the development and rEhabilit tion of such Economic Development Facility. Section 3. Any costs or expenses incurred in connection with the Chateau Bendix P oject shall be included in the Project costs and reimbursed from the proceeds of the First Mo tgage Housing Revenue Bonds to be issued with respect thereto. Section 4. The liability and obligation of the Common Council of the City of South Bend, Indiana, shall be limited solely to good faith efforts to consummate such proceedings and issue such Bonds, and neither the Common Council of theCity of South Bend nor the City of South Bend, Indiana, or their officers or agents, shall incur any liability whatsoever if for any reason the proposed issuance of such bonds is not consummated. Section 5. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approved by the Mayor. This resolution adopted by the Common Council of the City of South Bend, Indiana, 23 day of June, 1980. Lewis A. McGann Member of the Common Counci A public hearing was held on the resolution at this time. Mr. Ken Fedder, attorney for Economic Development Commission, indicated that the Commission passed their inducement I tion on June 6, 1980. Mr. Joe Phair, a representative of the project, indicated this pi would cost four million. He described the complex and what it would offer. He estimatE would hire between 55 -60 full and part -time employees. He said this property was zoned properly at the present time fortheuse they contemplated. He read the following letter record: Mr. John Phair The Holladay Corporation 3043 North Norway Maple South Bend, Indiana 46628 Dear Mr. Phair: This letter is in response to your request for a letter from me concerning the zoning classification of the Bendix Estate property. his the esolu- oject d they into the REGULAR MEETING JUNE 23, 1980 REGULAR MEETING RECONVENED (CONTINUED On November 15, 1979, the Common Council of the City of South Bend enacted Ord -nance No. 6667 -79, amending the South Bend Zoning Ordinance to classify the property commonly known as the Bendix Estate as an area zoned for "B" Residential, "B" Height and Area use. As you most certainly are aware, residents in the vicinity of the Bendix Estate have filed suit in the St. Joseph Superior Court challenging the rezoning of this property (E. Blair Warner, et al v. City of South Bend, et al, in the St. Joseph Superior Court, Cause No. K- 7557). At the present time, therehas been no final judgment by the St. Joseph Superior Court ruling on the validity of the rezoning of this property. In view of this fact, we find no legal impediment to your obtaining a permit for construction on the Bendix Estate property in accordance with the zoning classification adopted by the South Bend Common Council on November 15, 1979. We will advise the Building Commissioner of the City of South Bend that you may obtain a building permit for construction in accordance with the zoning classification now in effect for this property. I hope this letter serves the purpose which you have intended for its use. Of course, if I can be of further assistance to you in any regard, please feel free to contact me. Very truly yours, /s /Roger 0. Parent Richard Bonewitz, attorney representing four neighbors of this property, asked that the matter be delayed until after a judgement had been made in the Court on their suit. Council Member Dombrowski made a motion to table this resolution, seconded by Council Member Beck. The motion failed on a roll call vote of four ayes and five nays (Council Members Serge, Szymkowiak, Crone, Voorde and McGann.) Council Member Serge made a motion to adopt the resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of five ayes and four nays (Council Members Beck, Taylor, Kopczynski and Dombrowski.) RESOLUTION A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CARTER LUMBER COMPANY OF INDIANA, INC., RELATING TO THE FINANCING OF ECONOMIC DEVELOPMENT FACILITIES. A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, introduced Mr. Jim Kuehl, attorney for Carter Lumber Company. Mr. Kuehl indicated that a new facility would be constructed on U.S. 20 at McKinley and Apple Road. He said it was anticipated that 25 new jobs would be created. Mr. William Holder, Corporate Counsel, from Arkron, Ohio, indicated that Carter was an Indiana corporation with 200 locations in ten states. Mr. Richard Morgan, attorney representing 12 retail lumber and building suppliers that are remonstrating against this resolution, read the following letter into the record: Common Council City of South Bend % Irene Gammon, City Clerk 4th Floor, County City Building South Bend, Indiana 46601 Re: Inducement Resolution of Carter Lumber Company of Indiana, Inc. seeking issuance of City of South Bend Economic Development Revenue Bonds Gentlemen: This is to supplement the verbal presentation made by the undersigned during your meeting conducted this 23rd day of June, 1980. Attached to this letter is a copy of the three -page letter filed with the South Bend Economic Development Commission on June 20, 1980 by Twelve (12) building suppliers located within St. Joseph County Indiana objecting to the Economic Development Revenue Bond Application filed on behalf of Carter Lumber Company of Indiana, Inc. It is requesting that the attached letter become a part of the record of proceedings of the Council on this application. Thornburg, McGill, Deahl, Harman, Carey & Murray /s /Richard W. Morgan 1 REGULAR MEETING RECONVENED(Continued Mr. Jerry Hammes President South Bend Economic Development Commission 230 West Jefferson Boulevard South Bend, Indiana 46601 Re: Application of Carter Lumber of Indiana, Inc. for issuance of City of South Bend Economic Development Revenue Bonds Dear Mr. Hammes and Commission Members: The undersigned representatives of the lumber and building material suppliers of St. Jo County including South Bend, Mishawaka and Osceola, object to the application forissuan of City of South Bend Economic Development REvenue Bonds for the construction of a lumb and building supply facility for Carter Lumber of Indiana, Inc. h We have examined the application and facility proposed to be constructed by Carter Lumber of Indiana, Inc. in Osceola, Indiana and firmly believe that the construction of such a facility utilizing revenue bond financing will have an adverse competitive effect on other facilities already constructed and operating in Osceola, Mishawaka, South Bend and St. Joseph County. There exists a limited and currently depressed market for building materials in St. Joseph County and the surrounding market area, which market is currently shared by more than fifteen lumber and building material suppliers. The entrance of yet another building supplier into this market will not increase the market as a whole but will serve to diminish the market share of each of the lumber and building material suppliers already operating in St. Joseph County. It is respectfully submitted that the proposed economic development facility will not i employment in South Bend, Osceola or St. Joseph County. Approximately one -third of the of the undersigned building material suppliers are on economic lay -off due to the depre of the building supply industry. If the application for Economic Development Revenue B financing for Carter Lumber of Indiana, Inc. is approved by your Commission and the pro facility is constructed, it is likely that additional employees of the undersigned will with loss of their jobs. As the South Bend Economic Development Commission is aware, the Indiana legislation and you operate contains a provision at I.C. 1971, 18 -6- 4.5.14 requiring you to consider wh a proposed economic development facility may have an adverse competitive effect on Simi facilities already constructed and operating in the city or county. The intent of the legislature was to protect against the very adverse economic impact that will be create Carter Lumber of Indiana, Inc. obtains the favorable financing arrangements available t the issuance of economic development bonds. crease employee: sed stat( nd osed be faced r which ther ar ndiana if rough The undersigned respectfully request that you do not approve the issuance of City of So th Bend Economic Development Revenue Bonds for the construction of the Carter Lumber of Indiana, Inc., facility. Attached hereto as Exhibit A and incorporated herein is the previous letter of objectio to the Carter Lumber of Indiana, Inc. application, filed on behalf of the representatives of t e lumber and building material suppliers. Sincerely, /s /Arthur A. Taelman /s/ Peter H. Mullen /s /Thomas M. Foley President, Circle Lumber President, Eckler -lahey Lumber Co. President, Big C Lumber /s /Edward D. Nowak /s /Erhart A. Strohm /s /Merrill C. Crull General Manager, Scotmar Lumber President, McKinley Lumber Secretary- Treasurer Henderson & Crull /s /Irvin L. Morse /s/ James F. Kuykendall /s /Paul M. Lehner Secretary- Treasurer Manager, Wickes Lumber President, Rose Fuel R. J. Corlett & Sons /s /Pierce Williams /s /Dennis Sedam /s /George C. Makris President, William Home Center General Manager President Old Fort Supply Company Moeller- Makris Builders' He indicated that there were two technical defects in the inducement resolution. He said that this resoluuion binds the CIty to issue bonds in the event the Commission approves thei application. He said the address of 1701 Lincolnway West does not exist. He indicated this should at least be tabled until the address matter is corrected. He indicated that another competitor into the depressed market will cut into the existing lumber yards' profits. Council Attorney, Kathy Cekanski - Farrand, indicated this resolution should be amended in the title by stating "An inducement Resolution:; and change Section 3, making it Section 4, adding a new Section 3 to read "The liability and obligation of the Common Council of the City of Sotith Bend, Indiana, shall be limited solely to good faith efforts to consummate such proceedings and issue such Bonds, and neither the Common Council of the City of South Bend nor the City of South Bend, Indiana, or their officers or agents, shall incur any liability whatsoev r if for any reason the proposed issuance of such bonds is not consumated:" Council Member aylor made a motion to amend the resolution, seconded by Council Member Dombrowski. The moti n carried. Council Member Taylor made a motion to adopt the resolution, seconded by Council Member Serge. The resolution was defeated by a roll call vote three ayes (Council Members Serge, Taylor and McGann) and six nays. - REGULAR MEETING JUNE 23, 1980 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION A RESOLUTION SETTING FORTH CERTAIN EQUITABLE GUIDELINES TO BE USED WHEN DETERMINING SALARIES FOR ALL MUNICIPAL EMPLOYEES FOR THE 1981 CANENDAR YEAR. A public hearing was held on the resolution at this time. Council Member Voorde indicated that this resolution basically puts an $800 ceiling on the amount available for any City employee. He indicated he had sent a letter to the Mayor that he intended to ask the Council to continue this public hearing until the next meeting. He indicated he had asked the Mayor to send him a list of employee positions for which raises higher than those given to police and firemen will be sought, as well as the amount of raises proposed for each such employee. Mayor Parent indicated that the amount police and firemen will receive was closer to $1,100 including the benefits. He indicated he was not going to recommend high increases for top administrative positions. He said he was willing to put a cap on the top salaries. He said he was recommending 5.4 salary increases. He indicated that a $800 across the board increase will cost the City $350,000 more than a straight percentage increase. Mr. Clifford MacMillan, labor relations consultant, indicated he opposed this resolution as a matter of professionalism. Mrs. Jane Swan, 2022 Swygart, questioned the motivation of the resolution. She said in the last analysis, it is the Council that determines the amount of salary increase anyone receives. Council Member Voorde made a motion to continue this public heairng until July 14, seconded by Council Member Beck. The motion carried. RESOLUTION NO. 787 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE URBAN RENEWAL PLAN TOGETHER WITH THE PROPOSED AMENDMENTS THERETO PROVIDING FOR THE DISIGNATION OF AN ALLOCATION AREA AND ALLOCATION PLAN PURSUANT TO INDIANA CODE 18 -7 -7 -39.1 WITHIN THE CENTRAL DOWNTOWN PROJECT, INDIANA R -66 WHEREAS, under the provisions of TItle I of the Housing Act of 1949, as amended, ( "Title I ") the Department of Housing and Urban Development Administrator is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out urban renewal projects; and WHEREAS, it is provided in such Act that contracts for financial aid thereunder require that the Urban Renewal Plan for the project area be approved by the governing body of the locality in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and (4) the Urban Renewal Plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan; and WHEREAS, the City of South Bend Department of Redevelopment (herein called the "Local Public Agency "), has entered into a planning contract for financial assistance under such Act with the United state of America, acting by and through the Secretary of Housing and Urban Development, pursuant to which Federal funds were provided for the urban renewal project (herein called the "Project "), identified as "Central Downtown Project, Indiana R -66" and encompassing the area bounded by a line drawn as follows: Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the north right -of -way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Boulevard; thence south along the west right -of -way line of Lafayette Boulevard to the south right -of -way line of Jefferson Boulevard; thence east along the south right -of -way line of Jefferson Boulevard to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right -of- way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and proceeding in a northeasterly direction along said right -of -way to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north right -of -way line of LaSalle Avenue; thence west along the north right -of- way line of LaSalle Avenue to the west right -of -way line of Main Street which is the point of beginning, all in the City of South Bend, St. Joseph County, State of Indiana, (herein called the "Project Area "); and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Project Area and by its Declaratory Resolution No. 215, as amended, has determined that the area is a blighted area and that it is detrimental and a menance to the safety, health, and welfare of the inhabitants and users thereof and of the Project Area, because of the presence of blighted structures and the lack of adequate community improvements, and the members of this Governing Body have been fully appraised by the Local Public Agency and are aware of these facts and conditions; and WHEREAS, there has been prepared and referred to the Common Council of the CIty of South Bend, Indiana, (herein called the "Governing Body ") for review and approval Resolution No. 615 adopted by the Local Public Agency on June 6, 1980 further amending said Declaratory Resolution No. 215 by establishing Allocation Area No. I within the Project Area pursuant to Indian Code 18 -8 -7 -39.1; and 5 REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the Urban Renewal Plan, as amended, has been reapproved by the Local Public Agency as evidenced by the copy of said Body's duly certified Resolution No. 615 approving the Urban Renewal Plan and amending said Declaratory Resolution No. 215; and WHEREAS, the Area Plan Commission of St. Joseph County, which is the duly designated and acting official planning body for the Project Area, has submitted to the Governing Body lI its report and recommendations respecting said Urban Renewal Plan, as amended, and said Resolution No. 615 and has certified that said Urban Renewal Plan, as amended, and said Resolution No. 615 conform to the said general plan for the Project Area as a whole, and the Governing{ Body has duly considered said report, recommendation, and certification of the planning body; and WHEREAS, it is necessary that the Governing Body take appropriate official action res- pecting said Urban Renewal Plan, as amended, and said Resolution No. 615, in conformity with t contracts for financial assistance between the Local Public Agency and the United States of America acting by and through the Department of Housing and Urban Development Administrator; and WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the under- taking and carrying out of urban newal projects with Federal financial assistance under Title I, including those proscribing discrimination because of race, color, creed, sex or national origin: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the CIty of South Bend: 1. That it is hereby found and determined that the Project Area is a blighted area and qualifies as an eligible Project Area under the Redevelopment of Cities and Towns Act of 1953, as amended (Indiana Code 18 -7 -7) 2. That the Urban Renewal Plan, as amended, and said Resolution No. 615 presented at this meeting for the Project aforementioned, having been duly reviewed and considered, are hereby approved, and the City Clerk be and is hereby directed to file copies of said Urban Renewal Plan, as amended and said Resolution No. 615 with the minutes of this meeting. 3. That it is hereby found and determined that said Urban Renewal Plan, as amended, and said Resolution No. 615 conform to the general plan of the City and County. 4. That it is hereby found and determined that the above - mentioned Urban Renewal Plan, as amended, and said Resolution No. 615 will afford maximum opportunity, consistent with the sounds needs of the City and County as a whole, for the urban renewal of such areas by private enterprise. 5. That said Resolution No. 615 of the Local Public Agency, amending said Declaratory Resolution No. 215, establishing Allocation Area No. I in the Project Area pursuant to Indiana Code 18 -7 -7 -39.1 is hereby approved. 6. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. I /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Carl Ellison, Director of Redevelopment, indicated that the Redevelopment Commission amended its Declaratory Resolution for the Central Downtown Project, Indiana R -66, to provide for the designation of an allocation area and allocation plan. He indicated this resolution approves the Urban Renewal Plan together with the proposed amendments thereto. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 788 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, AN APPLICATION FOR FUNDING THROUGH THE YOUTH RESEARCH AND DEVELOPMENT GRANTS PROGRAM. WHEREAS, the Mayor of the City of South Bend is is the Chief Executive Officer of the City, and is the applicant for the Youth Research and Development Grants Program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That it hereby establish the authority of the Mayor of the City of So Ith Bend to submit an application for Youth Research and Development Funds through the Department of Health, Education and Welfare. 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 expenditures of any grant money received upon approval of this application. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Counc REGULAR MEETING RECONVENED (CONTINUED A public hearing was held on the resolution at this time. Ms. Mikki Dobski, Assistant Director of the Youth Service Bureau, indicated the Bureau was applying for a grant to implement an adolescent abuse and neglect project. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to have public hearing on the next three resolution, seconded by Council Member Dombrowski. The motion carried. RESOLUTION NO. 789 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, low bids for the roofing work under the Community Development Housing Program have 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 theMidland Engineering for the roofing work on the following property: Contractor Midland Engineering Address YWCA 802 N. Lafayette Dollar Amount of Contract $26,788.10 Rehab Number 001 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. 790 -80 /s /Lewis A. McGann Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT. 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, low bids for the rehabilitation work under the Community Development Program have 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 for the rehabilitation work on the following properties. Lot 116 Muessel's 2nd Addition to the City of South Bend, Indiana 905 Blaine St. $10,000.00 Total $10,000.00 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 /Lewis A. McGann Member of the Common Council RESOLUTION NO. 791 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT. 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 WHEREAS, low bids for the rehabilitation work under the Community Development Housing Program have exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED JUNE 23, 1980 1. That approval be granted to the Redevelopment Commission of the City of South Pend, Indiana, to enter into a contract with the following contractors for the rehabilitation work on the following properties: CONTRACTOR ADDRESS DOLLAR AMOUNT OF CONTRACT REHABILITATION NUMBER Stickler 2013 S. Swygart $ 8,236.00 18 /OMC- 0011/75/ Stickler 2101 S. Franklin 10,827.00 18 /OMC- 0011/78/ Jurtin 743 Grant 14,707.00 18 /OMC- 0011/79/ Brown 801 Milton 13,172.00 18 /OMC- 0011/80/ Jurtin 454 S. Harris 28,213.60 18 /OMC- 0011/81/ 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 /Lewis A. McGann Member of the Common Council A public hearing was held on the resolutions at this time. Ms. Kathy Baumgartner, Director of the Bureau of Housing, indicated that Resolution No. 789 -80 was to replace the roof of the YWCA. Council Member Dombrowski indicated that he objected to this money being spent on the "Y ". He indicated they could get funds from other sources. He made a motion to table this resolution. The motion failed for lack of a second. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Dombrowski.) Mrs. Baumgartner indicat that Resolution No. 790 -80 should be amended to indicate the contract was with South Bend Homeowners of the Near North West, instead of Renew. Council Member Beck made a motion to amend the resolution, seconded by Council Member Taylor. The motion carried. Council Member Serge made a motion to adopt the bill, as amended, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. Council Member Beck made a motion to adopt Resolution No. 791 -80, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 68 -80 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE, AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 14 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE BERTRAND PRODUCTS, INC., PROJECT. This bill had first reading. Council Member Serge made a motion to set this bill for ] hearing and second reading July 14, 1980, seconded by Council Member Taylor. The motic ried. BILL NO. 69 -80 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) (EDISON ROAD AND STATE ROAD 23.) This bill had first reading. Council Member Taylor made a motion to set this bill for hearing and second reading July 14, 1980, seconded by Council Member Crone. The motio BILL NO. 70 -80 A BILL FIXING THE ANNUAL PAY OF POLICE OFFICERS FOR THE CALENDAR YEAR 1981. )ublic >n car- public i carried, This bill had first reading. Council Member Serge made a motion to set this bill for Public hearing and second reading July 14, 1980, seconded by Council Member Taylor. The moti n car- ried. BILL NO. 71 -80 A BILL FIXING THE ANNUAL PAY OF FIREFIGHTERS FOR CALENDAR YEAR 1981. This bill had first reading. Council Member Crone made a motion to set this hearing and second reading July 14, 1980, seconded by Council Member Taylor. carried. bill for public The motion BILL NO. 72 -80 A BILL APPROPRIATING $35,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PARKS. This bill had first reading. Council Member Beck made a motion to set this hearing and second reading July 14, 1980, seconded by Council Member Taylor. ried. BILL NO. 73 -80 bill for 4ublic The motion car- A BILL TO PROVIDE FOR THE CONTINUATION OF THE CUMULATIVE SEWER BUILDING AND SINKING FUND KNOWN AND DESIGNATED AS THE SEWAGE TREATMENT, STORM SEWER AND DISPOSAL PLANT FUND, AND PROVIDING FOR A TAX LEVY OF NOT TO EXCEED ONE DOLLAR ANNUALLY FOR A PERIOD OF TWELVE YEARS. This bill had first reading Council Member. Serge made a motion to set this bill for i�ublic hearing and second reading July 14, 1980, seconded by Council Member Taylor. The mot on Carrie REGULAR MEETING JUNE 23, 1980 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 74 -80 A BILL APPROPRIATING $240,000.00 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 bill had first reading. Council Member BEck made a motion to set this bill for public hearing and second reading July 14, 1980, seconded by Council Member Taylor. The motion carried. BILL NO. 75 -80 A BILL APPROPRIATING $14,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE SUPPORT OF A NEIGHBORHOOD CLEAN -UP CREW TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND MAYOR'S ENVIRONMENTAL/ ACTION CENTER. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading July 14, 1980, seconded by Council Member Taylor. The motion car- ried. BILL NO. 76 -80 A BILL APPROPRIATING THE SUM OF $25,000.00 TO ACCOUNT 722.0, MOTOR EQUIPMENT, WITHIN THE BUREAU OF SEWERS BUDGET OF THE SEWAGE WORKS DEPRECIATION FUND. SAID APPROPRIATION TO BE ADMINISTERED BY THE BUREAU OF SEWERS. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading July 14, 1980, seconded by Council Member Taylor. The motion car- ried. BILL NO. 77 -80 A BILL APPROPRIATING $3,000.00 FROM THE ETHNIC FESTIVAL FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF DE- FRAYING THE COSTS OF THE ETHNIC FESTIVAL TO BE ADMINISTERED BY 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 seocnd reading July 14, 1980, seconded by Council Member Beck. The motion carried. BILL NO. 78 -80 A BILL APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEFRAYING THE EXPENSE OF PROVIDING A FIREWORKS DISPLAY IN CONJUNCTION WITH THE ETHNIC FESTIVAL. THIS APPROPRIATION WILL BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS 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 July 14, 1980, seconded by Council Member Serge. The motion carried PRIVILEGE OF THE FLOOR Mayor Roger Parent announced that a Street Department truck had hit a bicycle carrying three children, and one child had died as a result of this accident. He asked for a moment of silent prayer. UNFINISHED BUSINESS Report from ARea Plan - Controlled Use - East Bank "Upon a motion by June Stratton, being seconded by Dwight Miller, and carried on a vote of nine in favor and two opposed,with Robert Lehman abstaining, the proposed ordinance initiated by Councilman Lewis McGAnn to exclude the East Bank area from certain provisions of the Controlled Use Ordinance, City of South Bend, is returned to the Common Council with no recommendation." Council Member Serge made a motion to set.this bill for public hearing and second reading July 14, 1980, seconded by Council Member Voorde. The motion carried. Council Member Kopczynski again asked for the Utilities Committee Report. Council Member Szymkowiak indicated he would get the report to Councilman Kopczynski. He set a date of July 16, 1980, at 6:30 p.m., for the next Utilities Committee meeting. NEW BUSINESS Sale of City -owned Property: 1817 Benton Court, 1001 W. Washington, 2222 Lincolnway West, Disposition Parcel 2 -13 (triangular parcel, Morris Civic) 1143 S. Franklin, 1203 S. Franklin, 233 Elder, 321 N. Brookfield, 215 E. Calvert. Council Member Voorde made a motion to approve the sale of this property, seconded by Council Member Crone. The motion carried. REG REGULAR MEETING RECONVENED (CONTINUED Council Member Beck made a motion to suspend the rules and have public hearing on Resolution No. 792 -80, seconded by Council Member Taylor. The motion carried by a roll call vote of nine ayes. RESOLTUION NO. 792 -80 A RESOLUTION SETTING FORTH A STATEMENT OF POSITION REGARDING THE COMMON COUNCIL'S DESIRE TO DECREASE THE EXISTING DISPARITY BETWEEN THE FIREFIGHTERS AND THE POLICE OFFICERS. WHEREAS, the Common Council adopted a Resolution on or about March 24, 1980, whicl cognized the Council's belief in the concept of collective bargaining when setting sal, for police officers and firefighters; and re- ries WHEREAS, on or about March 27, 1980, the South Bend Common Council Wage Committee set forth in writing that they would do their best to talk openly, honestly, and in good faith in order to find a middle ground during the wage negotiations; and WHEREAS, the Council's Wage Committee has been duly advised in the matter of the "unfair and inappropriate" (per Pressdent of Board of Public Safety) decision of the Board of Jublic Safety regarding the differences in the 1980- Vacation Schedule for police officers and fire- fighters, as- well -as the differences which exist between police and firefighters in salaries and certain benefits; and WHEREAS, on or about June 10, 1980, the Council's Wage Committee set forth in wri ing a guarantee that South Bend Police Officers would not receive more money than South Bend Fire- fighters; and WHEREAS, the Council's Wage Committee has - recognized during the negotiations theimportanc of taking steps to resolve the disparity which currently exists between South Bend Police Officers and South Bend Firefighters in the area of salaries and benefits by proposing a higher dollar amount figure across the board for salaries and benefits for firefighters. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council believes in the concept of decreasing the disparity which currently exists in the salaries and benefits between South Bend City police officers and fire- fighters. SECTION II. The Common Council hereby established a policy commitment to ensure uture good faith salary negotiations between the South Bend Firefighters Association and the South Bend Common Council that the Council's Wage Committee will undertake the equalize as far as possible and practicable the wages and benefits payable to the South Bend Firefighters with those payable to South Bend Police Officers within the elected term of the present Common Counc= SECTION III. The Common Council further states that if the membership of Local #362 of the International Association of Firefighters fail to ratify the Council's salary p oposal, or if the firefighters participate in any form of an illegal job action, this Resoluti n shall be null and void. SECTION IV. This Resolution shall be in full force and effect from and after its by the Common Council and approval by the Mayor. /s /Lewis A. McGann /s /Roger G. Taylor /s /John Voorde adoption A public hearing was held on the resolution at this time. Council Member Taylor indicated they were still attempting to work with the police wage committee, as well as attempti g to get a ratification for the Fire Department. He indicated there was no guarantee that the firefighters would ratify, however, their negotiating team wanted to be able to show this resolution to their membership. He read Sections I and II of the resolution. Council Member Beck made a motion to adopt the resolution, seconded by Council Member Crone. The resolution was adopted by a roll call vote of nine ayes. There being no further business to come before the Council, unfinished or new, Beck made a motion to adjourn, seconded by Council Member Crone. The motion meeting was adjourned at 11:15 p.m. ATTEST: CITY CLERK ATTEST: Council Member carried and the