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HomeMy WebLinkAbout06-13-77 Council Meeting MinutesREGULAR MEETING JUNE 13, 1977 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 13, 1977, at 7:00 p.m., Council President Roger O. Paren presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, and Parent_ ABSENT: Council Member Horvath Council President Parent announced that Council Member Horvath was,ill and would not be able to attend Council meetings for some time. Council Member Taylor made a motion that a rotation sys be used to Chair the Committee of the Whole starting with Council Vice President Dombrowski, seconded by Council Member Kopczynski. The motion carried. 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 May 23, 1977 meeting of the Council and found them corre t. The sub- committee, therefore, recommends that the same be approved. /s/ Roger O. Parent /s/ Mary Christine Adams Council Member Serge- made -a- motion that the minutes of the May 23, 1977, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. f Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council. Member Adams. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, June 13, 1977, at 7:11 p.m., with eight members present. Chairman pro tem Dombrowski presiding. BILL A BILL AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (1829 S. Ironwood). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Sid Kulik, 18823 Madison Rd., one of the owners of Bel Air Realty, made the presentation for the bill. He indicated they had been operating 'a realt office at this location under a variance. He said that Area Plan had made an unfavorable recom- mendation due to inadequate parking facilities. He said they purchased more land and Area Plan has approved the final site plan, which has adequate parking for their needs. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 46 -77 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) (300 E. IRELAND RD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, attorney for the petitioner, made the presentation for the bill. He indicated Mr. J. Roper, corporate attorney for the petitioner, and the petitioner, Mr. Robert Basney, were in the Chambers. He said that this property contained 8.9 acres of land on Ireland Road just east of Briteway. He described the surrounding properties and indicated that the proposed usage:_ was for the relocation of Basney Ford of South Bend. He said the proposed usage,_ compiled with Area Plan's long range plan for the property. He said the proposed usagewas ideal for the site. He indicated there were four remonstrators at the Area Plan meeting and Mr. Basney has met with them and arranged for a forty foot green belt buffe zone. He said the petition received a unanimous recommendation from Area Plan. He showed a sketch of the proposed area. Mr. Richard Ruhlman, 4607 S. Fellows, indicated his property was adjacent to the proposed area to be rezoned. He said they were opposed to the part of the peti- tion that changed the residential portions of the property to commercial. He said they would like to have two hundred feet for a buffer zone. He indicated the population has declined in the City since 1970 and he felt one of the things causing the exodus was the decision of the people to live in a quiet neighborhood. He indicated that they had attempted to buy the two hundred feet that was zoned residential from Mr. Locker, but he would not sell it to them. He also in- dicated that when K Mart was rezoned they were to have a fifty foot buffer zone, and they did not m REGULAR MEETING JUNE 13, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) comply. Council Member Dombrowski asked Area Plan to show the Council where the residential area was located. Mr. Tim Eckerle, of Area Plan, and Richard Morgan showed the Council where the are< was located. Council Member Kopczynski asked how this particular piece of property was picked and why downtown was not chosen.- Mr. Joseph Roper, attorney for Basney Ford, indicated that Mr. Basney was not being pressured by Ford Motor Company to leave their present location, but the area does not generate the traffic and there were other problems. He said they attempted to re- locate downtown and looked at four different sites including the park across from Union Station. Mr. Basney indicated that the biggest problem in the downtown area was that they could not obtaii a site with a minimum of seven acres, as required by Ford Motor Company, without the vacation of streets, alleys, etc. He said Ford in their market survey said we must relocate either downtown or the southern part of the City. Council President Parent asked if Mr. Basney had any objection to the type of buffer requested by Mr. Ruhlman. Mr. Basney indicated that a two hundred foot buffer would take a substantial amount of needed land, and forty foot they were proposing would take over one acre. Mr. Morgan explained that Mr. Locker did not sell the residential portion due to the fact that the entire property had to be purchased and only one or two residents were interested in purchasing the property. Council Member Szymkowiak indicated he thought that the park area across from Union Station would be the best place for Basney Ford to relocate. Mr. Basney indicated the property was not over five acres and was owned by a multitude of owners and would be difficult to purchase.. Council Member Serge asked who would follow up to be sure this buffer zone was provided. Mr. Eckerle indicated that the lanscaping plan was included in the ordinance and it would be up to the City to see that this is complied with. Council Member Adam; asked Mr. Eckerle to explore the problem of K Mart's buffer to see if they were in violation, an( send a report to the Council. Council Member Kopczynski indicated he thought it was best to in- corporate the buffer zone into "A" residential zoning. Mr: Eckerle indicated that as of 1972 the City enacted an ordinance where any site plan violation actually violates the ordinance to rezone. He said when Area Plan accepts the final site plan it actually becomes law. Council Member Kopczynski made a motion to recess, seconded by Council Member Taylor. The motion Carrie( and the meeting was recessed at 8:00 p.m., and reconvened at 8:10 p.m. Council President Parent indicated he was pleased that this business was going to be in the City. He said the fence will be built on the inside edge of the property so the people will have use of the forty foot buffer He made a motion that this bill be recommended to the Council favorable, seconded by Council Member Kopczynski. The bill passed by a roll call vote of seven ayes and one nay (Council Membe_ Taylor) . BILL NO. 60 -77 A BILL AMENDING CHAPTER 6, GENERALLY KNOWN AS THE BUILDING ORDINANCE, REGULATING THE ERECTION, CONSTRUCTION, ENLARGE - MENT, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR STRUCTURES; REGULATING AND CONTROLLING THE DE- SIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, AND MAINTENANCE OF HEATING, VENTILATING, COOLING, RE- FRIGERATION SYSTEMS, INCINERATORS AND OTHER MISCELLANEOUS HEAT - PRODUCING APPLIANCES; REGULATING AND CONTROLLING THE ERECTION, REPLACEMENT, MAINTENANCE OR USE OF ANY PLUMBING SYSTEM; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF, DE- CLARING AND ESTABLISHING FIRE DISTRICTS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. This being the time heretofore set for public hearing on the above bill, proponents and opponen were given an opportunity to be heard. Mr. Gaylen Allsop, Deputy City Attorney, made the pre- sentation for the bill. He said the bill was drafted because of the conflict on which code should be enforced in South Bend. He said this bill would bring the South Bend Building Code into conformity with the rules and regulations adopted by the Indiana State Administrative Building Council. He said under statute, these rules and regulations preempt all conflicting local ordinances, and as a result it has been difficult to determine whether part or any of the BOCA Basic Building Code, which is still a part of the Municipal Code of South Bend, should be enforced. He said recently the Council adopted a new unsafe building ordinance, and the Ad- ministration feels that it is necessary to adopt this bill in order to provide proper local enforcement of building, plumbing, mechanical and electrical standards. Council Member Adams commended the Legal Department on a fine job and made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 61 -77 A BILL AMENDING CHAPTER 8 GENERALLY KNOWN AS THE ELECTRICAL CODE, REGULATING THE INSTALLATION OF ELECTRICAL CONDUCTORS, FITTINGS, DEVICES, APPLIANCES AND FIXTURES WITHIN OR ON PRI- VATE AND PUBLIC BUILDINGS AND PREMISES; PROVIDING FOR LICENSES, PERMITS, UNDERGROUND CONDUITS AND PENALTIES. This being the time heretofore set for public hearing on the above bill, proponents and opponen- were given an opportunity to be heard. Mr. Gaylen Allsop, Deputy City Attorney, made the pre- sentation for the bill. He said the bill would update the present NationalE-lectrical Code under Chapter 8 of the Municipal Code. He said the Administration feels that adoption of the attache( bill would provide for better enforcement of electrical standards. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylo: The motion carried. BILL NO. 62 -77 A BILL AMENDING CHAPTER 9, GENERALLY KNOWN AS THE FIRE PRE- VENTION ORDINANCE, REGULATING AND SETTING STANDARDS FOR SAFE- GUARDING OF LIFE AND PROPERTY FROM THE HAZARDS OF FIRE AND EXPLOSION ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDI- TIONS HAZARDOUS TO LIFE OR PROPERTY IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES; SETTING STANDARDS IN DETERMINING THE ACCEPTABILITY OF INSTALLATIONS OR PROCEDURES, EQUIPMENT OR MATERIALS IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES; PROVIDING FOR A FIRE BOARD OF APPEALS; PROVIDING FOR BONFIRE, TRASH OR RUBBISH FIRES; AND PROVIDING PENALTIES. REGULAR MEETING JUNE 13, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Gaylen Allsop, Deputy City Attorney, made the pre- sentation for the bill. He said this bill would bring the South Bend Fire Code into conformity with the rules and regulations adopted and promulgated by the Indiana State Fire Marshall. He said BOCA Basic Fire Prevention.Code has been preempted by State statute through the State Fire Marshall's office causing uncertainty as to which rules and regulations should or can be enforced) on a local level. He said the Administration feels that passage of this bill would provide an effective tool for proper enforcement on a local level. He asked that an amendment be made to Section 9 -3 (a) (3) by adding (VI) Carpeting. No type of carpeting shall -be allowed on either the walls or ceilings, or both, of any commercial business. Council Member Kopczynski made a motion to amend the ordinance as requested, seconded by Council Member Szymkowiak. Council Membe% Miller asked if they would be against allowing a four inch kicker board of carpeting. Mr. Allsopl indicated that would be all right. Council Member Miller made a motion to amend the amendment, and allow carpeting to go up four inches on the wall, seconded by Council Member Adams. The moti�, carried. Council Member Kopczynski made a motion that the bill be amended, including the amend- ment just made, seconded by Council Member Adams. The motion carried. Mr. Paul Bognar, 807 W. Washington, asked if sprinklers were mandatory in this bill. He said he thought this was very important and should be included.. Mr. Allsop indicated this bill was incorporated from the State'', Fire Marshall's code and there is a provision in that code that handles sprinklers. Mr. Bognar indicatingthat the City should have a mandatory.sprinkler ordinance. Mr. John DeLee, Building Com- missioner, indicated that the uniform building code covers sprinklers, and most multi -story build ings are sprinkled, not all, but if there are people living in them they have to be sprinkled. M, Paul Bognar indicated he thought the Council should consider an amendment that anything over three stories be sprinkled. Council Member Adams indicated that perhaps Mr. Brunner, Mr. Allsop and Chief Van Wiele could give the Council an opinion on this at the next meeting. Council Membea Adams asked how soon copies of the 1975 edition of the Fire Prevention Code, etc., would be avail able to the departments that require them. Mr. Allsop indicated he had contacted the State Build4 ing Council regarding the purchase, and they were submitting a letter to all departments that are concerned to make sure copies are everywhere they are supposed to be, including the Clerk's office as required by statute. Council President Parent indicated he thought the point raised about the sprinklers was a very valid one, and he did not think this should be dropped. He said he would like to see an actual bill drafted that would provide for sprinklers in new buildings that are constructed. Council Member Kopczynski made a motion that this amendment go to the Safety Committee and invite Mr. Bognar to the committee meeting to assist them, seconded by Counc� President Parent. The motion carried. There being no further business to come before the Committee of the.Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Adams. The motion carried. ATTEST: ATTEST: CITY CLERK REGULAR MEETING RECONVENED Be it remembered that the regular meeting of in the Council Chambers on the fourth floor President Parent presiding and eight members BILLS, SECOND READING ORDINANCE NO. 6160 -77 the Common Council of the City of South Bend rec of the County -City Building at 8:25 p.m., Council present. AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (1829 E. IRONWOOD). This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6161 -77 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (CHAPTER 21, MUNICIPAL CODE (300 E. IRELAND RD). This bill had second reading. Council Member Kopczynski made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes and one nay (Council Member Taylor). ORDINANCE NO. 6162 -77 AN ORDINANCE AMENDING CHAPTER 6, GENERALLY KNOWN AS THE BUILDING ORDINANCE, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, OC- CUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR STRUCTURES; RE- GULATING AND CONTROLLING THE DESIGN, CON- STRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, AND MAINTENANCE OF HEATING, VENTILATING, COOLING REFRIGERATION SYSTEMS, INCINERATORS AND OTHER MISCELLANEOUS HEAT - PRODUCING APPLIANCES; REGULATING AND CONTROLLING THE ERECTION, INSTALLATION, ALTERATION, ADDITION, REPAIR, RELOCATION, REPLACEMENT, MAINTENANCE OR USE OF ANY PLUMBING SYSTEM; PROVIDING FOR THE IS- SUANCE OF PERMITS AND COLLECTION OF FEES THEREOF, DECLARING AND ESTABLISHING FIRE DISTRICTS; PRO- VIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. M REGULAR MEETING JUNE 13, 1977 REGULAR MEETING RECONVENED (CONTINUED) This bill had second reading. Council Member Taylor made a- motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call °`vote of eight ayes. ORDINANCE NO. 6163 -77 AN ORDINANCE AMENDING CHAPTER 8 GENERALLY KNOWN AS THE ELECTRICAL CODE, REGULATING THE INSTALLATION OF ELECTRICAL CONDUCTORS, FITTINGS, DEVICES, APPLIANCES AND FIXTURES WITHIN OR ON PRIVATE AND PUBLIC BUILDINGS AND PREMISES; PROVIDING FOR LICENSES, PERMITS, UNDER- ' GROUND CONDUITS AND PENALTIES. This bill had second reading. Council Member Taylor made .a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. BILL-NO-62-77 A BILL AMENDING.CHAPTER 9, GENERALLY KNOWN AS THE FIRE PREVENTION ORDINANCE, REGULATING AND SETTING STANDARDS FOR SAFEGUARDING OF LIFE AND PROPERTY FROM THE HAZARDS OF FIRE AND EXPLOSION ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDIOUS SUBSTANCES, MATERIALS AND DEVICES,. AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE USE OR OCCUPANCY OF BUILDINGS OR .PREMISES; SETTING STANDARDS IN DETERMINING THE ACCEPTABILITY OF INSTALLA- TIONS OR PROCEDURES, EQUIPMENT OR MATERIALS IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES; PROVIDING FOR A FIRE BOARD OF APPEALS; PROVIDING FOR BONFIRE, TRASH OR RUBBISH FIRES; AND PROVIDING PENALTIES. Council Member Miller made a motion to refer this bill to the Public Safety Committee,seconded by Council Member Dombrowski. The motion carried. Council President Parent instructed the Public Safety Committee to handle this as quickly as possible, so it could be set for public hearing. RESOLUTIONS RESOLUTION NO. 562 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AMENDMENT TO LEASE BETWEEN THE CITY OF SOUTH BEND, INDIANA, AS LESSEE, AND SOUTH BEND CIVIC CENTER BUILDING AUTHORITY, AS LESSOR, DATED JUNE 1, 1977, AND AUTHORIZING EXECUTION THEREOF. BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, that: Sec. 1. The proposed amendment to lease by and between South Bend Civic Center Building Authority, as lessor, and City of South Bend, Indiana, as lessee, dated June 1, 1977, is hereby approved and the execution of such amendment to lease would be in the best interest,.. of the City of South Bend, Indiana, in order to make possible refunding of the Civic Center Bonds and is therefore authorized. Sec. 2. The City Clerk is authorized and directed to initial and date the proposed copy of the amendment to lease andplace the same in the minute book immediately following the minutes of this meeting, and said amendment to lease is made a part of this resolution as fully as if the same were set forth herein. Sec. 3. This resolution shall be in full force and effect from and after its adoption by the Common Council of South Bend, Indiana and approval of the Mayor. /s /Terry S. Miller Member of the Common Council of the City of South Bend, Indiana AMENDMENT TO LEASE Between South Bend Civic Center Building Authority and City of South Bend, Indiana WHEREAS, South Bend Civic Center Building Authority, a body corporate and.politic organized and existing under Indiana Code 1971, 19 -7 -18.5, (hereinafter called "Authority "), and City of South Bend, Indiana, (hereinafter called "City "), did heretofore on the 27th day of August, 1975, enter into a lease as authorized by Indiana Code 1971, 19 -7 -18.5, which lease was duly recorded in the office of the Recorder of St. Joseph County, Indiana, on November 21, 1975, and appears in Miscellaneous Record Book.295 at pages 102 and 123; and WHEREAS, the Authority, in 1975, issued its Civic Center Bonds in the amount of Five Million Three Hundred Ninety Thousand Dollars ($5,390,000) (hereinafter referred to as the "1975 Bonds ") and is constructing facilities to be used as a civic center on the leased premises with the pro- ceeds of said 1975 Bonds; and WHEREAS, Authority now desires to refund said 1975 Bonds outstanding as authorized by Indi Code 5 -1 -5 (hereinafter referred to as the "Act "), and thereby obtain a substantial savings and reduction in interest costs and also permit a reduction in the lease rental payments as herein- after provided; and WHEREAS, the Authority has, by due corporate action, determined to borrow the sum of Eight Million Four.- Hundred Eighty Five Thousand Dollars ($8,485,000) and to execute and issue therefor Civic Center Refunding Bonds pursuant to a Trust Indenture dated as of June 1, 1977, between the Authority and The National Bank and Trust Company of South Bend, as Trustee, (hereinafter referre to as "1977 Trust Indenture ") which Civic Center Refunding Bonds are being issued for the purpose of providing for the payment of (i) the principal amount of the 1975 Bonds outstanding, (ii) the interest payable on the 1975 Bonds 5 REGULAR MEETING JUNE 13, 1977 REGULAR MEETING RECONVENED (CONTINUED) due July 1, 1977, to and including July 1, 1986, (iii) the redemption premiums which will be payable on January 1, 1986, and July 1, 1986, and (iv) costs of refunding thereby procuring the full release and discharge of the Trust Indenture dated as of November 1, 1975, to The National Bank and Trust Company of South Bend, Trustee (hereinafter referred to as the "1975 Trost Indentu pursuant to which the 1975 Bonds were issued, all as provided by Article XIII of the 1-975 Trust Indenture; NOW THEREFORE it is agreed by and between the Authority and the City that the lease dated August 27, 1975, made and executed between them (which lease was duly recorded in the office of the Recorder of St. Joseph County, Indiana, on November 21, 1975, and appears in Miscellaneous Record Book 295 on pages 102 and 123) shall be amended as follows effective with the issuance and delivery by the Authority of the Civic Center Refunding Bonds and the full release and dis- charge of the 1975 Trust Indenture: 1. Section 9 of said lease dated August 27, 1975, is amended by adding at the end thereof new paragraphs reading as follows: "Notwithstanding the foregoing provisions of this Section 9 and the provisions of Section 10, the lease rental payable on June 28, 1978, and semi - annually there- after on June 28 and December 28 during the term of this lease shall be the lesser of: (i) Two Hundred Twenty -eight Thousand Dollars ($228,000), or (ii) Two Thousand Five Hundred Dollars ($2,500) plus an amount which when added to (a) the amount then in the Sinking Fund created by Section 4.01 of the Trust Indenture dated as of June 1, 1977, between the Authority and The National Bank and Trust Company of South Bend, as Trustee (hereinafter in this lease referred to as the '1977 Trust indenture') and (b) the amount payable into such Sinking Fund on or before January 1 or July 1 following such June 28 or December 28 from interest to be received from the investment of the pro- ceeds of the Civic Center Refunding Bonds issued pursuant to the 1977 Trust Indenture, equals the balance required in such Sinking Fund to pay unpaid principal and interest due on or before the January 1 or July 1 following such June 28 or December 28 on such Civic Center Refunding Bonds. "All rentals shall be paid by City to The National Bank and Trust Company of South Bend, Indiana, as Trustee under the 1977 Trust Indenture or to such other bank or trust company as may from time to time succeed The National Bank and Trust Company of South Bend as Trustee under the 1977 Trust Indenture. All payments so made by the City shall be considered as payment to the Authority of the rentals payable hereunder." 2. IT IS HEREBY FURTHER AGREED that all other provisions of mid lease dated August 27, 1975, shall remain in effect. Dated as of the 1st day of June, 1977. SOUTH BEND CIVIC CENTER BUILDING AUTHORITY BY ATTEST: A public hearing was held at this time on the resolution. Mr. Warren Deahl, attorney for the Civic Center Building Authority, indicated that this would result in a savings of $293,000 over the life of the refunding issue. He said the principal amount of these refunding bonds is $8,495,000, and they bear an interest of 5.51 %. He said the refunding bonds will be used to pay the outstanding 1975 bond in the amount of $5,390,000, bearing an interest rate of 5.9 %. He said the 1975 bond cannot be prepaid it must be paid not earlier than 1986. He said funds will come from the re- funding, as well as pay the refundngbonds. He read the following statement: "The terms of the original $5,390,000 Civic Center Bond Issue establish certain conditions which must be met if those bonds are to be refinanced prior to their original maturity dates. Among other requirements is a stipulation that cash or United States Government securities must be in hand equal to the entire total of principal, accrued interest, and any premiums due at the time of retirement. The earliest possible retirement of this original issue is January 1, 1986. Any new bond issue must be of sufficient size to equal: The remainder of the original issue $5,390,000, interest due through January 1, 1986, of $3,143,122, premium due on January 1, 1986 of $225,750, needed from new bond issue $8,758,872. Money from the new $8,485,000 bond issue plus available escrowed funds on hand is to be invested in special U.S. Government securities, issued for this purpose. The earned interest from these investments will be used to retire the excess $3,403,233 from the new bond issue over the final 15 year life of the issue. The City of South Bend has a 25 year lease obligating it to make payments semi - annually to the Building Authority. The terms of this lease will not be changed except to reduce the rental payments from the realized savings of the refundinc_ The refunding process is simply a means of taking advantage of today's lower interest rates and using more of the City's annual ease payments for furnishings at Century Center, instead of using this money for the previous higher interest costs. Approximately $190,000 will be available when this refunding is completed to reduce the first semi - annual payment due June 28, 1978. It is further anticipated that an additional $100,000 of savings will be realized over the full period of bond maturities that can ultimately be placed at the disposition of the City from the Building Authority. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Taylor. Council President Parent indicated that a number of questions were raised about this refunding, however, a meeting was held and all his questions were answered. Council Member Kopczynski indicated he would vote for this tonight because it is a financially sound proposition. He said it was unfortunate the Council was not informed in advance of some of these things, and this was a classic example of handling an issue very poorly with the Council. The resolution was adopted by a roll call vote of eiaht aves. MA REGULAR MEETING JUNE 13, 1977 REGULAR MEETING RECONVENED (CONTINUED) BILLS, FIRST READING BILL NO. 63 -77 A BILL APPROPRIATING $27,950.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR VARIOUS ADMINISTRATION AND FINANCE PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 23, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 64 -77 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) (1311 E. IRELAND ROAD). This bill had first reading. Council Member Adams made a motion to refer the bill and petition to Area Plan, seconded by Council Member Taylor. The motion carried. Council Member Miller made a motion to reconsider Bill No. 63 -77, seconded by Council Member Taylor. The motion carried. Council Member Adams made a motion to set this bill for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 65 -77 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) (2318 ELWOOD). This bill had first reading. Council Member Adams made a motion to refer the bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 66 -77 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) (A 2.6 ACRE PARCEL OF GROUND LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF MONROE STREET AND LINCOLNWAY EAST). This bill had first reading. Council Member Adams made a motion to refer the bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 67 -77 A -BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1978. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 68 -77 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE YEAR FROM JULY 1, 1977 TO JUNE 30, 1978. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 69 -77 A BILL APPROPRIATING $2,300 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR EQUIPMENT REPAIR AT MORRIS CIVIC AUDITORIUM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a mtoion to set this bill for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 70 -77 A BILL APPROPRIATING ADDITIONAL MONIES TO VARIOUS FUNDS AS SET FORTH IN SECTION I. FOR THE PURPOSE OF DEFRAYING THE EXPENSE OF LIABILITY AND PROPERTY INSURANCE FOR THE CITY OF SOUTH BEND DURING THE PERIOD OF JUNE 15 TO JANUARY 15, 1978. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 71 -77 A BILL APPROPRIATING $9,500.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS POLICE DEPARTMENT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING JUNE 13, 1977 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 72 -77 A BILL APPROPRIATING $13,500 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 73 -77 A BILL APPROPRIATING $1,850 FROM THE ANTI - RECESSION FUND, COMMONLY REFERRED TO AS COUNTER - CYCLICAL GRANT, FOR VARIOUS ADMINISTRATIVE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Kopczynski made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 74 -77 A BILL TO ELIMINATE RESTRICTED REFUSE COLLECTORS LICENSES, BY AMENDING CHAPTER 16, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, SECTIONS 16 -27, 16 -28 AND 16 -29. This bill had first reading. Council Member Adams made a motion to refer this bill to the Human Resouces Committee and set it for public hearing and second reading July 11, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 75 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND; (1) MIDWEST CHLORINE, CHICAGO, ILLINOIS; (2) VAN WATERS AND ROGERS, SOUTH BEND, INDIANA; (3) WATCON, INC., SOUTH BEND, INDIANA, FOR THE PUR- CHASE OF CHEMICALS FOR USE FROM JUNE 1, 1977 TO JUNE 1, 1978 IN THE TOTAL AMOUNT OF $48,773.75. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 76 -77 A BILL REPEALING ORDINANCE NO. 5339 -71 PASSED SEPTEMBER 27, 1971, WHICH ANNEXED TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, CERTAIN TERRITORY DESCRIBED AS LYING GENERALLY WEST OF HICKORY ROAD, SOUTH OF THE TOLL ROAD, EAST OF IVY ROAD, NORTH OF THE PRESENT CITY LIMITS, AS AMENDED, AND COMMONLY KNOWN AS MAPLE LANE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading July 11, 1977, seconded by Council Member Dombrowski. The motion carried. PETITIONS We the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: 1311 E. Ireland Road, South Bend, IN. 2. The property is owned by: Broadmoor Shopping Center, Inc., and Indiana Corporation 3. A legal description of the property is as follows: The West twenty -two (22) feet of lot numbered 249, all of the lots numbered 250, 251 and 252, as shown on the revised Plat of Broadmoor third section in the City of South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned: From Commercial Use and A Height and Area District to Commercial Use and A Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: A building to be used for the purpose of conducting a restaurant. 6. Number of off - street parking spaces to be provided: Approximately sixty (60) 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (3) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (3) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5.copies of a site development plan. GOLD RUSH -SOUTH BEND, INC. /S /by William E. Voor, atty. SIGNATURE OF PETITIONER 1311 E. Ireland Road, So. Bend, IN ADDRESS Petition Prepared by: Kenneth P. Fedder is REGULAR MEETING JUNE 13, 1977 REGULAR MEETING RECONVENED (CONTINUED) We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: 2318 Elwood - South Bend, IN 2. The property is owned by: Westville Auto, Inc., Westville, IN 3. A legal description of the property is as follows: A part of the West Half(2) of the Northeast Quarter(4) of Section 3, Township 37 North, Range 2 East, described as be- ginning at the Southwest corner of the intersection of Elwood Avenue and the first alley east of Olive Street in the City of South Bend, which point is 154.61 feet East of the 25 feet South of the Northwest corner of said Northeast Quarter (4) of said Section 3; running thence South 183.2 feet along the Westerly line of said alley to a point 40 feet North of the Northeast corner of Lot 324 in Mayr's Michigan Avenue Addition; thence West on a line parallel with the North line of said Lot 324 in Mayr's Michigan Avenue Addition a distance of 130 feet to the Easterly line of Olive Street; thence North along the Easterly line of Olive Street a distance of 183.2 feet to the intersection of Olive Street and Elwood Avenue; thence Easterly along the Southerly line of Elwood Avenue a distance of 130 feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned: From A Residential and Commercial Use and A Height and Area District to C Commercial use and A Height and Area district 5. It is proposed that the property will be put to the following use and the following building will be constructed: Commercial Use - one -story retail store. 6. Number of off- street parking spaces to be provided: 14 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. WESTVILLE AUTO, INC. /s /CHARLES SESNIAK, PRESIDENT Box 86 Westville, IN Petition Prepared by: Richard W. Morgan We the undersigned make application and petition the South Bend Common Council to amend the Zoning Ordinance as herein requested. 1) The property sought to be rezoned is located at: A 2.6 acre parcel of ground located on the north side of the intersection of Monroe Street and Lincoln Way East. 2) Name of property owner: International Constructors Co., IV, an Ohio Limited partnership c/o Bruce Bancroft, Attorney at Law Thornburg, McGill, Deahl, Harman, Carey and Murray Sixth floor First Bank Bldg. South Bend, IN 46601 219/233 -1171 3) It is desired and requested that this property be rezoned from "C" Commercial, and "B" Residential, "G" Height and Area, to "A -3" High Density Residential Office and Professional District, "G" Height and Area. 4) This rezoning is requested so as to allow the following use(s): High -rise apartment pro - ject containing a small convenience commercial center. 5) Attached is a copy of (a) legal description of the property; (b) list of names and address of all property owners within 300 feet of the petition property. /s /Richard S Johnson Petitioner for Area Plan Commission, 11th floor, County -City Building South Bend, IN 46601 Petition prepared by Area Plan Commission UNFINISHED BUSINESS Sale of.City -owned property - 1713 Marietta Street, 310 N. Walnut St. Council Member Dombrowski made a motion to sell the above described property and use the City appraiser to appraise the property, seconded by Council Member Serge. The motion carried. Council Member Kopczynski asked Mr. Mullen, City Controller, the amount of legal expense that would be involved in the new bond issue. Mr. Mullen indicated the legal fees had been factored into the price and into the savings of $293,000. Council Member Kopczynski asked about legal fees paid to any local attorney or firm. Mr. Patrick McMahon, Director of Public Works, indica no fees will be paid out of the bonding authority revenue to any local attorney. 90 REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED) JUNE 13, 1977 Council Member Kopczynski indicated that he thought the Council should know the total cost of all legal fees. He indicated he wanted to know the total amount of the cost involved in the refunding. Mr. McMahon indicated that request should be.made to the-bonding-authority. Council President Parent indicated that representatives of the City Administration should handle this request. Mr. Brunner indicated they would be pleased to do so. NEW BUSINESS Council Member Adams made a motion to start the June 27, 1977 meeting at 6:00 p.m., seconded by Council Member Kopczynski. The motion carried. Council President Parent indicated that he would like the Council to consider the appointment of two citizens to Council committees; Mr. Larry Neff to the Personnel and Finance Committee and Mr. J. Paul Herr to the Residential Neighborhoods Committee. Council Member Kopczynski made a motion to appoint Mr. Neff to the Personnel & Finance Committee, seconded by Council Member Adam; The motion carried. Council Member Adams made a motion to appoint Mr.'Herr to the Residential Neighborhoods Committee, 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 Adams. The motion carried and the meeting was adjourned at 9:07 p.m. ATTEST: APPROVED: Ci y Clerk Presiden