Loading...
HomeMy WebLinkAbout08-14-72 Council Special Meeting Minutes++++++.....+++++++ + + + + + + + + + + +....+ + + + + ++;- ......, ++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING AUGUST 14 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, August 14, 1972 at 8:00 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None Council President Nemeth said that Mayor Miller had requested an opportunity to speak to the Council at this time. The Mayor spoke on the administration position on the trash proposals. Three trash ordinances have been introduced and the Council and the administration recognize that this is a high priority program. The administration feels it can wait no longer to begin a refuse pickup program and wants one which is fair to all. Mayor Miller said that he is recommending the ordinance signed by Councilman Kopczynski. This ordinance provides for the city to collect trash in competition with the private haulers. They are recommending that the effective date of the ordinance be changed to April 1, 1973 or within sixty days from that date, based on advice from the State Board of Accounts that all legal requirements have been fulfilled, They are also recommending that Section 16 -11 be removed from the ordinance. Mayor Miller com- mended the members of the Council for their diligent action and participation in drafting these ordinances to solve a problem that affects the entire community. ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading in full. RESOLVE INTO THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion that the Council resolve into the Committee of the Whole, seconded by Councilman Serge. Motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building at 8 :40 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO GENTNER PACKING CO., INC. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, passed out to members of the Council a proposed amendment to the Lease and Trust Indenture which is to be made a part of this ordinance, based on a change in the law. The change means that, if there is any change in the use or ownership of the property, the lease and trust indenture and bond agreement is still binding. Gentner Packing Company now employs 80 people and, when expansion plans are completed, they anticipate employing up to 115 persons. The Council acted favorably on a Resolution regarding this matter at an earlier meeting. Councilman Nemeth moved to amend the lease, adding a new Section 7.8 on page 15 as follows: "Section 7.8. The lessee expressly covenants that the lease rental payments shall be paid as provided in this Lease and Indenture of Trust regardless of whether or not the Leased Premises are used or useful, or whether any applicable laws, regulations or standards prevent or pro- hibit the use of the Leased Premises ". Councilman Parent seconded the motion to amend and it carried. Councilman Kopczynski moved that the ordinance go to the Council as favorable as amended, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. Councilman Nemeth made a motion that the Council consider all three Refuse Ordinances at the same time, rather than separately. Councilman Parent seconded the motion and it was carried. This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard. Mr. Maurice Cohen, 725 E. Eckman Street, said REGULAR MEETING PUBLIC HEARING (CONTINUED) AUGUST 14, 1972 that since he did not have a copy of the ordinance which was read tonight, he was not clear on some of the provisions. He said he is as interested as anyone in keeping the City of South Bend clean. He said sometimes financial circumstances keep people from hiring trash haulers and he said he was opposed to adding the trash bill to the water bills. City Attorney Charles A. Sweeney, Jr. said that it was his recollection that the Council had already held the public portion:of'the public hearing on two of the refuse ordinances and had then tabled them for the Council portion. Councilman Miller said that this was true but that the Council was now going to open all three ordinances for public hearing. Mr. Cohen continued that he would oppose using Street Department equipment and personnel for any part of the refuse removal program as they must be used full time on the street programs. He said certain areas, like the Ohio - Keasey area, have a much greater problem than others and the answer to the problem is enforcement of the law not passing new ordinances. He said three mayors have tried to find solutions to the trash prob- lem. He said senior citizens who have very little trash would not be treated fairly by these ordinances and that the Council is discriminating against men who have an investment in a packer truck. Mrs. Frederick Mutzl, 320 Parkovash, a member of the Fair Tax Association, said that of the three ordinances presented, she likes the last one presented the best. She said two things are not clear, one the cost to the homeowner and the income for the hauler. Councilman Parent said that the maximum rate would be set by the Council and the hauler's income would depend upon the number of routes he had. Mrs. Mutzl said that the ordinance would be difficult to enforce. She said there is an ordinance against high weeds now but there are many areas where the weed problem is ignored. Mr. Kenneth Buhle, representing Teamsters Local #364, said that there has already been considerable debate on the ordinances, but he would like to express his opposition to the two ordinances presented earlier and to the one which had second reading tonight. He said there is no indication that the problems in South Bend are caused by the method of pick -up. He urged the Council to defeat all three ordinances. Mr. John J. Roper, Attorney, spoke against all three ordinances. He based his opposition on the effect the ordinances would have on the pri- vate trash.hauler - the one -man, one -truck concept. This man earns all his living from this one li truck and fears being completely eliminated from an opportunity to make his living. This man cannot compete with a large firm which will bid for routes and have performance bonding power and which can use sophisticated advertising brochures and a public relations program to get his customers. He said the city would find it much easier to bid to one firm rather than to 30 or 40 individuals. He said the small, independent hauler is one of a group of vanishing Americans, like the small farmer and the independent grocer. He said the question is "Do the ends -- collecting trash, improving sanitation, etc. - justify the means ?" He asked that the Council guarantee this one man with one truck a future. Without him, without his values and spirit, the city will be much sadder and a lot less wiser. Mr. George Herendeen, Attorney for the Independent Trash Haulers, spoke in opposition to all three ordinances. He said there is no indication that the homeowners are disenchanted with the service being rendered by the independent haulers. He said when this is the case, the homeowner can "can us ". He said the independent haulers are solicited daily by householders to perform this service. A homeowner might not want to face up to the obligation of keeping his property clean but the Council could resolve this problem by removing the trash of people who will not do it themselves. He said the city should be given the power to do what the people won't do. He said when a situation exists, such as a speedway on a city street, it is remedied by complaints. Enforcement of the law provides the remedy. He said that Councilman Parent had been wise to recommend that the Council pass the penalty section of one of the ordinances. He also said that city equipment and city workers are not being used to full capacity in the Sanitation Department. Some of the city workers work for independent haulers later in the day, rather than being occupied a full day by the Sanitation Department. He said representatives of the independent haulers are willing to participate with the city administration and a committee of the Council or with any one else to ultimately get a comprehensive plan. Mr. Herendeen said that he would recommend favorably Councilman Parent's proposal to adopt the penalty clause and asked that the Council vote no on.any and all other sections of the three ordinances. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that she had noted that the City Engineer had said that it would not be possible to put any of these plans into effect next year. She said that the ordinances call for an effective date of January 1st and asked where these items are in the 1973 budget and how the city would collect the funds. She said that there will be an automatic increase in sewage rates next January 1st and asked if this plan would increase the water rates even more. Councilman Parent said that the statement that Mr. Richardson had said the plan could not be implemented next year was Mr. Parent's mis- interpretation of the remarks. Mrs. Lee Swan, 2022 Swygart Street, said that she has mixed emotions about the trash plans. She said that, in her attempts to get an independent hauler to pick up her trash, she found that it was impossible to get one over a period of several months. She said that she received promises and apologies but no service. She said that in December, 1970, the County passed an Air Pollu- tion Ordinance and there has not been one case of enforcement. She asked what powers of enforce- ment the ordinances provide. Councilman Nemeth said that basically where trash and garbage accumulates, the property owner would receive a notice to clean it up and so many days to do it. If they failed to do it, the city uo uld go out and clean it up and bill the property owner on their water bill. Mrs. Swan objected to placing the billing on the water bills and Councilman Nemeth asked her if she had any alternative suggestions. She said that she did not but that Mishawaka has added it to the property assessment. Mrs. Ann Wlodarski, of the Fair Tax Association, asked "If the proposal passes, can we strike the entire budget item for the Sanitation Department ?" Councilman Newburn said that, in time, that is the expectation. Mrs. Wlodarski said that it would appear the city would need quite a billing staff to implement the program. Mrs. Conchita Washington, 749 S. Sheridan Street, said that she was not speaking as a representa- tive of any group. She said that there is no way any of the ordinances can be implemented with- out denying some person's rights to make a living. If a home owner or dweller is not keeping his residence clean, then the law is not being enforced. She said that, after talking with a Councilman, a weed situation which had existed for many years was finally being taken care of. She said weeds contribute to the throwing of debris and provide areas for crimes to occur. She said she does not see why it takes four ordinances to amend one issue. She said that the Mayor campaigned on the right of free enterprise and keeping the trash haulers independent and evidently these were just campaign promises. She said the ordinances would take tax - paying citizens off the tax rolls and put them on the welfare rolls. REGULAR MEETING AUGUST 14, 1972 PUBLIC HEARING (CONTINUED) In rebuttal, Mayor Miller answered some of the questions raised in the public hearing. He said there are 33 city employees who will be eliminated from their jobs if the city does not go into some sort of trash pick -up plan. They would like to keep these people off welfare. He said he would not favor passing just the enforcement portion of any of the ordinances. He said you cannot have city policemen enforcing the trash laws as we do not have the manpower to do this. In regard to enforcement of the County Air Pollution Ordinance, he said there was no increase in the County Budget to allow for enforcement of the ordinance. In regard to inefficiency and lack of proper use of the sanitation vehicles and workers, they are working under a union contract negotiated with the Sanitation Department. Under the new proposal, a new contract would be negotiated with equipment and men working a full eight -hour day. He said the city would only bill for the customers they receive, the private haulers would do their own billing. The $307,000 budget for the Sanitation Department could be eliminated entirely from the 1974 tax base. The city would probably charge $3.00 per month, the same as private haulers, with a lower rate for senior citizens and this would relieve some people from paying for garbage pick -up which they don't use. He said the city administration wants to provide a clean city with an equal program, fair to everyone and to protect every neighborhood. Mr. William Richardson, Director of Public Works, said that at the August 28 budget hearing, the Sanitation Department will be budgeted at $305,000 for 1973. One of the reasons the Mayor is asking for the delay in the effective date until April 1st is because there are a number of legal and fiscal problems to be ironed out. The city would start in October to survey all of the water customers with residences to determine the number of potential customers. They would have to have approval from the State Board of Accounts to allow the money collected by the Utilities Department to be in an accumulating fund for the next year. The Civil City would initially fund the department. During the course of the year, as money is received from the customers, it will be paid to the City Controller. They will then come to the Council to transfer the money into the operating budget for the refuse department. Miss Guthrie asked Mr. Richardson how you can repay the city if you don't know how many customers you will have. Mr. Richardson said that if there were not enough customers, the operating costs would drop. Miss Guthrie then asked if the people the city was serving would have to pay more. Mr. Richardson said that right now they are going in the dark on this matter. Miss Guthrie observed that those were the truest words spoken tonight. Councilman Serge said that his district does not have the problems of some of the other districts in regard to the matter of trash removal but that if people are approached in the right manner they will usually do what is right. He has had good cooperation with the Sanitation Department in cleaning up certain areas in his district. He said when you see someone who is not obeying the law, you should do something about it. Councilman Szymkowiak said that we have a problem with enforcement. He said it is the responsibility of the Health Department to enforce violations of unsanitary conditions, garbage and litter. He suggested two men be assigned to patrol the city, one East of Michigan Street and one West of Michigan Street. These men should patrol the alleys, spot check for debris, and report any violations to the Health Department. He said there needs to be regulation of private haulers' trucks, as some have no tarpaulin, the sidewalls are broken down and they spill trash on the streets. He said the citizens should be educated about the difference between trash and garbage. There should be no garbage put in trash cans. He said that in his district many of the residents do not even have garbage cans. Councilman Miller said that the total city pick -up would cost $850,000, a savings of $650,000 over present costs for trash and garbage pick -up which amount to $1,600.000. Under the total city plan, the cost per household would be $2.00 per month., $1.00 for elderly persons. The city needs to solve the problem of garbage pickup in certain areas. Enforcement is only effective when a small percentage of the people are not complying. He said that to reduce the budget by $300,000, the Sanitation Department budget amount, would amount to a 10� reduction on the tax rate. Councilman Parent said that he did not introduce his trash ordinance to complicate matters. He said he is concerned with the growing problem and the cost of refuse pickup is too high. Under the ordinance he intro- duced, the city would have no more than 20/ of the refuse pickup routes and the private haulers would have 80 %. The one -man, one -truck operation would have difficulty staying in business. However, the ordinance provides that any private hauler who is contracting less than 15% of the city would not have to post a bond. There are still a lot of questions regarding his ordinance, but he said he has questions about the ordinance Mayor Miller is supporting, also. He said that he would like to try to remedy the enforcement provisions of the existing ordinances and continue to study the other proposals. Councilman Taylor said that the question is what kind of respon- sibility does the Council really have toward garbage and trash pickup in South Bend, Indiana. Is it the same responsibility as providing for the Fire Department, the Police Department, and the Street Department? It is mandatory that we are committed to try to have as clean a city as possible. The goal we strive for is to get something better than we have. This problem keeps coming up in Council after Council, nothing has been done and the problem has not gone away. The past several mayors have felt committed to do something to improve the garbage and trash situation. The Independent Trash Haulers have not solved the problem. Mr. Taylor said that Mr. Roper's comments about the vanishing American hit right in the heart as he loves private enter- prise. But he said we should also think about the children who will be bitten by rats in areas where litter and garbage are allowed to accumulate. What about those Americans? He said this is a very emotional issue but the response should not be emotional. He said his first choice would be to retain private enterprise and go along with Councilman Parent's ordinance, with 80/ private haulers and 20/ city pickup. He said competition between the city and private haulers would provide a healthier atmosphere and protect the consumer. He said if the Council fails to act in this matter, it will keep coming up again and again. Councilman Kopczynski said that with the ordinance he has presented there is no bidding. The city would only serve people who are not able to get service at the present time. He said that widows and retired people who do not have a large amount of trash find it hard to find a hauler. The larger entrepreneurs would charge as much as $7.00 a month for such service. He said that those in private enterprise know about com- petition. Government is notorious for being inefficient. He said that, as a businessman he must face competition and that private haulers should not be afraid of competition. He said that putting the trash bill on the water bill was the only way they could come up with and it will let the people know what they are paying and what they are getting. He said the ordinance is misunder stood by many of the people. Councilman Horvath said that there was not much more to add to what had already been said. He said he agreed with Councilman Kopczynski that a lot of this has been misinterpreted. He said that people are now paying a minimum of $36.00 per year for trash removal and another $12 to $14 for garbage pickup on the tax rate. Under the ordinance proposed, this could be cut to $30 to $35 a year for both. The real objective is to clean up the city. Councilman Nemeth said that when this issue first came up in the spring he had announced he would not vote on any ordinance regarding refuse removal because the matter of a conflict of interest might arise, since he had represented the Independent Trash Haulers last year. He said that he would abstain from voting on any refuse ordinance tonight. However, he said he felt a responsi- bility to speak out about this matter. He asked "What is our responsibility as Councilmen ?" REGULAR MEETING AUGUST 14, 1972 PUBLIC HEARING (CONTINUED) He said it is to represent the wishes of the people. If one ordinance must be chosen, Council- man Kopczynski's competition ordinance would allow the people to decide whether they want city pickup or a private hauler. If the all -city pickup is doing the job, who do you call when your trash is not being picked up? He said that the problem is different in different districts of the city and that the recommended remedy for one district does not apply to all districts. He said we should not penalize the majority for the minority nor the minority for the majority. He said that if he were voting, he would case his vote for the competition ordinance. Councilman Newburn said that he is opposed to government competition with private enterprise. He said if present laws are carried out we will have a clean city. He called for strict enforce- ment of existing ordinances. Councilman Parent made a motion that the Committee of the Whole recommend that the Council: 1. Amend the refuse ordinance of the City of South Bend by substituting Article 7 of the proposed ordinance signed by Walter Kopczynski for the present Article 7. 2. All three refuse ordinances be referred to a Committee of the Common Council with instructions that a committee report to the Council no later than the last Council meeting in April, 1973. 3. Assign the committee to prepare a refuse pickup plan in cooperation with the Independend Trash Haulers, the City's Bureau of Sanitation, the concerned unions and other interested and affected parties. 4. Instruct the committee to recommend to the Council a refuse pickup plan which is consistent with the following objectives: a) Confirms the City's responsibility in maintaining adequate aesthetic and health standards of all properties in the City regardless of their location. b) Ensures that all persons will use the service of a refuse collector to dispose of their garbage and trash. c) Provides all dwelling units in the City with refuse pickup at reasonable cost. d) Protects and fosters the development of private enterprise in refuse hauling and also allows the City to maintain a capacity in refuse hauling. e) Prevents a monopoly from developing, whether it be a private hauler or city hauler dominated monopoly. f) Eliminates costly duplication of city haulers' and private haulers' routes and prevents the expensive practice of having more than one private hauler doing the same route or area. g) Promotes competition among refuse haulers while eliminating the excessive cost of the uncontrolled search for clients in all areas of the City by all refuse haulers. h) Assures a fair low cost for refuse pickup for persons 65 years old and over. i) Provides for a refuse pickup system with the flexibility to allow for many different types of services requested by City residents, such as back -of- the -house pickup. j) Assures that adequate records will be kept and reports filed by both the private and City refuse haulers. k) Provides for periodic leaf pickup throughout the city. 1) Eliminates the eyesore caused by having refuse on the curb three or four days per week. m) Provides for more adequate licensing procedures for refuse hauling equipment. n) Provides for an effective system for the enforcement of any proposed Refuse Ordinance. There was no second to the motion. Councilman Taylor moved for a five minute recess, seconded by Councilman Szymkowiak. Motion carried. Time: 10:30 p.m. The Committee of the Whole meeting reconvened at 10:40 p.m. Councilman Parent made a motion that the Committee of the Whole recommend to the Council that Article 7, Penalty, from the pro- posed ordinance signed by Councilman Kopczynski, be substituted for the existing Article 7 in the Municipal Code, and that all three refuse ordinances be referred to a Committee of the Common Council with instructions that a committee report to the Council no later than the last Council meeting in April, 1973. The motion was seconded by Councilman Szymkowiak. The motion failed by a roll call vote of two ayes (Councilmen Szymkowiak and Parent) and six nays (Councilmen Serge, Miller, Taylor, Kopczynski, Horvath and Newburn) one abstention (Councilman Nemeth). Councilman Miller asked that an amendment, proposed by him at the June 26, 1972 public hearing on the proposed ordinance signed by him and on which no action was taken, be read at this time The amendment was read as follows: "Strike Section 16 -8 D. Strike Section 16 -30. Amend Section 16 -10B to read "The charge for city collection of garbage and trash and disposal shall be $1.50 for all households which can present to the Bureau of Refuse Removal a receipt for an exemption over 65 statement and $2.00 per month for all other households ". Add Section 16 -56, "Severability. If any portion of this ordinance be declared or adjudged invalid, the remaining sections shall remain in full force and effect so long as they do not conflict with existing law ". Councilman Taylor seconded the amendment. The motion to amend failed by a roll call vote of three ayes (Councilmen Miller, Taylor, and Horvath) five nays (Councilmen Serge, Szymkowiak, Parent, Kopczynski and Newburn) one abstention (Councilman Nemeth). Councilman Taylor moved that the ordinance signed by Councilman Parent be amended as follows: That it have an effective date of October 1, 1973. Section 16 -6 (d) should read "The Board of Public Works and Safety will advertise for refuse pickup bids no later than July 5th of each third calendar year. Bids will be subject to review annually by the Board of Public Works and any rate increases must be approved by the Common Council ". Section 16 -6 (g) (3) the amount should be changed to one -third of the refuse pickup fee set by the Council. Delete Section 16 -11, Paragraph "(e). The motion to amend was seconded by Councilman Horvath. The motion failed by a vote of three ayes (Councilmen Miller, Taylor, Horvath) five nays (Councilmen Serge: Szymkowiak, Parent, Kopczynski and Newburn) one abstention (Councilman Nemeth). Councilman Kopczynski made a motion to amend the refuse ordinance he signed as follows: Section 16 -11, delete paragraph (b); Section 16 -11, delete paragraph (c). Section 2 change the effective date to April 1, 1973. Councilman Miller seconded the motion to amend. The motion carried by a vote of five ayes (Councilmen Serge, Miller, Taylor, Kopczynski and Horvath) three nays (Councilmen Szymkowiak, Parent, and Newburn) one abstention (Councilman Nemeth) . REGULAR MEETING AUGUST 14, 1972 PUBLIC HEARING (Continued) Councilman Miller moved that the ordinances contained in Items 4B, C and D go to the Council with no recommendation. The motion was seconded by Councilman Horvath. The motion carried by a voice vote, Councilman Parent voting nay and Councilman Nemeth abstaining. Councilman Nemeth made a motion to Rise and Report to the Council, seconded by several. The motion carried. ATTEST: 4", Xv CITY CLERK REGULAR MEETING RECONVENED ATTES I Be it remembered that the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers of the County -City Building at 11:05 p.m., Council President Peter J. Nemeth presiding. REPORT FROM COMMITTEE ON MINUTES Your committee on the inspection and supervision of minutes would respectfully report that they have inspected the minutes of the July 24 regular and July 31 and August 9 special meetings of the Council and found them correct. They, therefore, recommend that the same be approved. /s/ Peter J. Nemeth /s/ Terry S. Miller Upon motion made by Councilman Taylor, seconded by Councilman Serge and carried, the report was accepted and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS President Nemeth said that any citizen wishing to speak could do so, on any matter other than trash. Mrs. Lee Swan, 2022 Swygart Street, questioned the wording of an ordinance to be given first and second reading at tonight's meeting. President Nemeth said that, since the ordinance would be set for public hearing, any discussion on it should be delayed until the time of the public hearing. Mr. James Beck, 1630 Randolph Street, called the attention of the Council to the situation that exists in the Clyde St.- Twyckenham area where water from clogged sewers causes extensive damage. He said the problem has existed for many years. Mr. Nemeth asked Mr. Beck if he had made a written report of the situation to the Board of Works. Mr. Beck said that he had not but that the problem had been called to the attention of the city many times before. Mr. Nemeth suggested that since there is a new administration, this matter should be brought to their attention in written form and asked Mr. Richardson, Director of Public Works, if he would care to comment. Mr. Richardson said that he is aware of the problem to which Mr. Beck referred and that there is a project now on the books, to be completed before the end of the summer, which should alleviate the problem. PETITION TO AMEND ZONING ORDINANCE I, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of South Bend, Indiana as hereinafter requested, and in support of this application, the following facts are shown. 1. The property sought to be rezoned is located between North Ironwood and Rosemary Lane, south of 1503 North Ironwood. 2. The property is owned by David W. Kessler. 3. A legal description of the property is as follows: Metes and bounds as follows: 181.1 N & S x 568.84 E & W beginning 731.1 S of the NE cor. of 6 -37 - 3E, containing 2.36 acres (Also the following: The West 190' of the 1303 and 1311 N. Ironwood, Legal descriptions as follows: 91' x 268.8 beginning 640' south of NE cor. 6 -37 -3E legal, also known as 1303 N. Ironwood. 90' North & South by 367' E & W beginning 550' S of the North Sec. line of the West side of Ironwood Road, 6- 37 -3E. 4. It is desired and requested that the foregoing property be rezoned from "A" Use and "A" Height and Area District to "A -2" Use and "A" Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed: 20 buildings each containing 1 dwelling unit for a total of 20 dwelling units. 6. Number of off - street parking spaces to be provided: For 110 automobiles, 40 covered and 70 uncovered. 7. Attached is a copy of a) existing plot plan showing my property and other surrounding properties; b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c) site development plan. /s/ David W. Kessler Signature of Petitioner 1323 North Ironwood Drive South Bend, Indiana Petition Prepared by: Petitioner Councilman Taylor made a motion that the petition be referred to the Area Plan Commission for their recommendation. The motion was seconded by Councilman Parent'-and was carried. REGULAR MEETING AUGUST 14, 1972 PETITION TO AMEND ZONING ORDINANCE I, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend 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 on the North Side of Ireland Road between St. Joseph Street, if extended northerly across Ireland Road and Fellows Street. See Exhibit A attached hereto. 2. The property is owned by various parties, all of which have either optioned to sell to Petitioners or have agreed to include their property in this petition. 3. A legal description of the property is as follows: Lots Numbered One Hundred Sixty -five (165) to One Hundred Seventy (170), inclusive, as shown on the recorded plat of Myers and Funks Third Plat of Chippewa Heights Addition to the City of South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned from "A" Residential Use and "A" Height and Area District to "C -2" Planned Shopping Center District Use and "CU Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed: A Neighborhood Shopping Center of less than 100,000 square feet con- sisting of not more than 32,000 square feet of Gross Leasable Area of uses from Amongst those permitted by Sub - Section 4Aof Section 4B of the Zoning Ordinance of the City of South Bend. 6. Number of off - street parking spaces to be provided: 258 as shown on the petitioner's preliminary development plan, but the actual number of parking spaces will be determined by the actual uses and the off - street parking requirements of the said Zoning Ordinance. 7. Attached is a copy of a) an existing plot plan showing my property and other surrounding properties; b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c) reeliminary site develop- ment plan. RALPH CHARLES TREMEL BY: Jack C. Dunfee, Jr., Attorney -at- Law, Thornburg, McGill, Deahl, Harman, Carey & Murray 645 First Bank Building South Bend, Indiana 46601 Petition Prepared by: Jack C. Dunfee Jr. Councilman Serge made a motion that the petition be referred to the Area Plan Commission for their recommendation. The motion was seconded by Councilman Kopczynski and was carried. REPORT FROM AREA PLAN COMMISSION m July 20, 1972 " The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 In Re: Petition to rezone property at Ironwood and Fox Gentlemen: The request for rezoning was heard at the Area Plan Commission Public Hearing of July 18, 1972. At that meeting this request was recommended unfavorably to the Common Council of the City of South Bend for the following reasons: HB:ld 1. The property in question is too small for such development. The setback required from Ironwood would eliminate one parking space in the rear and when Ironwood is enlarged the new right- of-way would place the building 10 feet away. 2. The characteristic of the neighborhood is residential. To encroach upon this residential character with a non - residential use would be detrimental to the area. If there are any questions, please ask. Sincerely, /s/ Howard Howard Bellinger, Executive Director I Councilman Taylor made a motion that the ordinance referred to in the report be set for public hearing and third reading on September llth, 1972. Councilman Kopczynski seconded the motion and it carried. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Nemeth entertained a motion to waive the reading of the Committee of the Whole report,, so moved by Councilman Parent, seconded by Councilman Taylor, and unanimously carried. REGULAR MEETING AUGUST 14, 1972 ORDINANCES. THIRD READING 5417 -72 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO GENTNER (( PACKING CO . , INC. o . S cj 6 This ordinance had third reading. Councilman Parent made a motion that the ordinance be passed, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth.) ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA Councilman Parent made a motion that the enforcement section of the Ordinance, Article 7, be passed. Councilman Szymkowiak seconded the motion. Councilman Miller called a point of order and said that you can't vote on a part of an ordinance. You must vote for the whole thing. Councilman Newburn said that he felt you must vote on the entire ordinance as proposed. The chair ruled that Mr. Parent's motion was out of order. Councilman Kopczynski made a motion that the ordinance be passed, as amended, seconded by Councilman Serge. The motion failed by a vote of four ayes (Councilmen Serge, Miller, Taylor and Kopczynski) and four nays (Councilmen Szymkowiak, Parent, Horvath, and Newburn) one abstention (Councilman Nemeth). Councilman Miller then raised a point of order on the matter of Councilman Nemeth abstaining. He said he believed a Councilman must vote on every ordinance unless the Council allows him to abstain. Councilman Parent said that there was a valid reason for Mr. Nemeth's abstention because of the conflict of interest matter raised by Mr. Nemeth having represented the Independ- ent Trash Haulers previously. Mr. Parent said that he had abstained from voting on the Salary Ordinance in July and that Councilmen have abstained in the past. Councilman Nemeth said that he would like an opinion from the City Attorney on this matter and called for a recess until Mr. Sweeney could be located. Time: 11;15 p.m. The regular meeting reconvened at 11:40 p.m. City Attorney Charles A. Sweeney, Jr. asked Mr. Nemeth for the reason for his abstention. Mr. Nemeth said that, basically, he had represented the Independent Trash Haulers last year and when this issue first came before the Council, to avoid a conflict of interest charge, he had announced that he would not vote on the matter. However, he said that he would speak out on the matter. To avoid innuendo, he would refrain from voting on any matter involving garbage and trash pickup. Mr. Sweeney said that, in his opinion, Mr. Nemeth had a legitimate reason for abstention. Councilman Kopczynski raised a point of order on the matter of the order of voting. He said that the Municipal Code requires Councilmen to vote in order by District, then the Councilmen -at- large and last the President. He said that the 2nd District Councilman held up his vote until the end and voted last and not as specified in the Code. Mr. Sweeney said that, according to Section 2 -7 and 2 -8 of the Municipal Code, a member of the Council who did not vote when called upon and later attempted to vote out of order - not make a change in his vote - that vote would be void and would have no effect. Councilman Newburn made a motion that Councilman Nemeth be excused by the Council from voting on the trash ordinances, seconded by Councilman Szymkowiak. The motion failed by a vote of four ayes (Councilman Szymkowiak, Miller, Taylor and Newburn) and four nays (Councilmen Serge, Parent, Kopczynski and Horvath) one abstention (Councilman Nemeth). ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA Councilman Miller moved to amend this ordinance as follows: Change the effective date to April 1, 1973. Strike Section 16 -8 D. Strike Section 16 -30. Amend Section 16 -10B to read "The charge for city collection of garbage and trash and disposal shall be $1.50 per month for all households which can present to the Bureau of Refuse Removal a receipt for an exemption over 65 statement, and $2.00 per month for all other households ". Add Section 16 -57, "Severability. If any portion of this ordinance be declared or adjudged invalid, the remaining sections shall remain in full force and effect so long as they do not conflict with existing law Councilman Taylor seconded the motion to amend. The motion passed by a vote of five ayes (Councilmen Serge Miller, Taylor, Kopczynski, Horvath) three nays (Councilmen Szymkowiak, Parent and Newburn) and one abstention (Councilman Nemeth). Councilman Miller made a motion for passage of the ordinance as amended, seconded by Councilman Taylor. The motion failed by a vote of four ayes (Councilmen Miller, Taylor, Kopczynski and Horvath) four nays (Councilmen Serge, Szymkowiak, Parent and Newburn) and one abstention (Councilman Nemeth). ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. Councilman Parent made a motion that this ordinance be referredto a Committee of the Council with instructions that a report be made to the Council no later than the last meeting in March, 1973. Councilman Newburn seconded the motion. The motion failed by a vote of three ayes (Councilmen Szymkowiak, Parent and Newburn) five nays (Councilmen Serge, Miller, Taylor, Kopczynski, Horvath) one abstention (Councilman Nemeth). Councilman Taylor made a motion for passage of the ordinance, seconded by Councilman Miller. Councilman Miller said that the blame for lack of passage of the trash ordinances lies with the City Administration. They waited until the last possible moment to take a position publicly. There has been no direction from the Mayor and the administration on this issue. He said that they had failed to make even a "one- shot" trash collection in the Ohio - Keasey area, even though the Mayor had called the trash removal issue a high priority problem. Councilman Parent said that he differed with Councilman Miller on those statements. He said that he has been working on a trash removal ordinance for a long time and has communicate with members of the Administration, the Board of Works and Mr. Richardson for input into the ordinance. Councilman Taylor said that he found Mr. Parent's remarks peculiar since he did not back his own amendment. The question was called and the ordinance was defeated by a roll call vote of two ayes (Councilman Miller and Taylor) and six nays (Councilmen Serge, Szymkowiak, Parent, Kopczynski, Horvath and Newburn) one abstention (Councilman Nemeth). RESOLUTIONS RESOLUTION NO._ 319 -72 A RESOLUTION FOR TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET - $6800.00 WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the same category in the annual budget for various functions of the Fire Department to meet such extraordinary emergencies and REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 319 -72 (Continued) WHEREAS, it has been ascertained that certain accounts in the Fire Department have more money than is needed at this time NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION 1. That the following accounts be reduced in the following amounts; Account No. 263 722 Classification Services Contractual Properties Item Amount Telephone Alarm System $1800.00 Motor Equipment 5000.00 $6800.00 SECTION 2. That the following accounts be increased in the following amounts: Account No. Classification Item Amount 252 Services Contractual Repair of Equipment $1800.00 726 Properties Other Equipment 5000.00 $6800.00 That the transfer of funds as set forth in Sections 1 and 2 are required for the proper and efficient operation of the Fire Department of South Bend and an extraordinary emer- gency is declared to exist concerning the foregoing transfer. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend. /s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Fire Chief Jack Bland explained that the Council is aware of the emergencies relating to equipment which have occurred in the Fire Department. They are asking for funds to be transferred so that proper repairs to equipment may be made. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that a lot has been transferred out of the motor equipment fund and asked the Chief if he could take that much more from the account. Chief Bland explained that, because they have rebuilt an old tanker truck at a cost of $2000, they will not have to purchase one now and that $20,000 had been allowed for that purchase. Councilman Newburn said that the concern of the general public is that we not have failure of fire equipment. Chief Bland said that the Council might be interested to know that Engine Four threw a rod tonight. Councilman Kopczynski asked the Chief how many miles there were on that engine. Chief Bland replied that he did not have that information with him. Councilman Kopczynski asked what make the truck was and how old it was. Chief Bland replied that it was a Waukesha and was a 1957 or 1958 model. Councilman Serge moved that the resolution be adopted, seconded by Councilman Newburn. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 320 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF SOUTH BEND TOY MANUFACTURING COMPANY, INC. HWEREAS, South Bend Toy Manufacturing Company, Inc., has submitted its intention to the Economic Development Commission of South Bend to purchase, remodel and expand the building located at 3300 West Sample Street, in the City of South Bend, Indiana WHEREAS, South Bend Toy Manufacturing Company, Inc., has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has. forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend and attached, and WHEREAS, the statement of public service by South Bend Toy Manufacturing Company, Inc., and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by the Clerk of the City of South Bend as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965 of the State of Indiana" as amended have therefore been met to this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the costs of construction, and the impact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission having jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, South Bend Toy Manufacturing Company, Inc., seeks approximately $1,735,000.00 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its City Clerk and further desires to enter into a lease of not to exceed 25 years duration to be known as a net net net least sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the South Bend Toy Manufacturing Company, Inc. indicates its intention to pay a.11 expenses of the operation, maintenance, insurance, property taxes, whatever of the facility, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that the statement of public service on the part of the - Economic Development Commission of the Area Plan Commission and the South Bend City School Corporation be accepted and approved, and THEREFORE, be it resolved that the South Bend City Common_ Council authorize the Economic Develop- ment Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, the South Bend Toy Manufacturing Company, Inc., in the nature of a conditional commitment to enter into a lease with the South Bend Toy Manufacturing Company, Inc. and REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 320 -72 (Continued) THEREFORE, BE IT RESOLVED that the Economic Development Commission of the City of South Bend, shall, as soon as the new lease form is properly prepared, submit the same to the clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. m Mr. Karl G. King, Jr., President Economic Development Association 320 W. Jefferson Blvd. South Bend, Indiana 46601 Dear Karl: /s/ Peter J. Nemeth President of the Common Council Pursuant to our conversation, this letter states our intention to apply for financing assistance by means of the issuance of Industrial Revenue Bonds through the Economic Development Commission of the City of South Bend for our proposed purchase, remodeling and expansion of the property at 3300 West Sample Street, South Bend, Indiana. This property is presently owned by the Bendix Corporation and has been vacant for approxi- mately one year. We intend to move from our present location at 1012 S. High Street, which is inadequate and impractical to expand to accomodate our projected growth in sales, manufacturing and employment. Our company is currently leasing the High Street property with the lease expiring January 31, 1973. After thorough investigation of the possibilities of remodeling our High Street plant and finding excessive costs involved because of the mill type construction, low ceiling heights, lack of available land, and the inherent inefficiencies of manufacturing operations in multi -story buildings, we began, with the concurrence of our parent company, the Milton Bradley Company of Springfield, Mass. to actively seek other plant sites in the Middle West. The West Sample Street property seemed to have the best potential locally, however, extensive remodelling was found to be necessary to properly accommodate this property for our operations. Following is information which we understand is desired from us as a preliminary step in qualifying for the financing desired: 1. History of the Company: This Company was started in 1874 on the old Mill Race in South Bend by John W. Teel and Frederick H. Badet. The original products were croquet sets. Other action games joined the product line and toys soon followed. By 1888 the Company had been named the South Bend Toy Manufacturing Company and moved to its present location at 1012 S. High Street. In 1895 the Company produced the first willow doll carriages to be presented in the American market. Since that time South Bend has been the leading manufacturer of croquet sets and doll vehicles. Recent developments have been directed into the leisure time field and rapid growth has been experienced in the recreational and family-type game markets. Sales, which have doubled in the past seven years, have prospects of continuing to increase substantially in future years. II. Ownership Progression: Teel and Badet 1874 -1888 The South Bend Toy Manufacturing Company 1888 -1957 Fohrman and Dorgan 1957 -1958 Fohrman and Dorgan and Playskool Mfg. Co. 1958 -1959 Playskool Mfg. Co. 1959 -1968 Milton Bradley Co. 1968- III. From our investigations and projections to date we can state that: The buildings at 3300 West Sample Street exist in sound condition and to our knowledge there will be no conflict with the Area Plan Commission. The burden on the Fire and Police Departments, as a result of this move, will not change and there are no extensions of public sewer, water and roadway facilities required. We estimate that an additional 100 people from the currently unemployed local labor force will be needed in the near future to meet our increasing sales projections. IV. Analysis of Costs: 1. 1972 -1973 Purchase of existing property at 3300 W. Sample St. Remodelling of Plant and Offices Improve Ventilating System New Lumber Storage Bldg. and Dry Kilns New Gas Fired Boiler and Vastine System to Utilize Dust and Shavings - Non Polluting Roof Repair Repair R.R. Siding Relocation of Drainage Pond Fees and Misc. Items Moving Costs 2. 1974 Construction Finished Goods Warehouse - New Construction 150,000 sq. ft. Should there be any questions I]] or additional information required, Very truly yours, Louis R. Chreist, $750,000. 350.000. 40,000. 275,000. 75,000. 20,000. 5,000. 25,000. 45,000. 150,000. $1,735,000. $1,500,000. please get in touch with me. Jr. President I REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 320 -72 - ATTACHMENTS " July 28, 1972 of Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Our Commission has an application from South Bend Toy Manufacturing Company, Inc. of South Bend, Indiana for an industrial revenue bond issue of $1,750,000 for the purposes of purchase, remodeling and expansion of a facility at 3300 West Sample Street in South Bend. At the present time, this company employs approximately three hundred fifty people and estimate that an additional one hundred people will be needed in the near future. This increased employment would be from the currently un- employed local labor force and therefore be of no additional burden to the school system. It is our understanding that the utilities necessary to service this facility are readily available and therefore there will be no additional cost to the city by virtue of this project. Likewise, police and fire protection require- ments would not be changed from present requirements. In accordance with the Economic Development Act, State of Indiana, our Com- mission is to forward a statement of public service to the Area Plan Commission having jurisdiction over the area in which the facility is located. We would appreciate your approval in the near future. Cordially, Karl G. King, Jr., President ECONOMIC DEVELOPMENT COMMISSION OF SOUTH BEND KGK JR. /nt CC: Jerry J. Miller, Mayor, City of South Bend Peter J. Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney for Economic Development Commission of South Bend Louis R. Chreist, Jr., President, South Bend Toy Manufacturing Co., Inc. n to m Mr. Aaron H. Huguenard, Jr., President South Bend School Board 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: July 28, 1972 it Our Commission has an application from South Bend Toy Manufacturing Company, Inc. of South Bend, Indiana for an industrial revenue bond issue of $1,750,000 for the purposes of purchase, remodeling and expansion of a facility at 3300 West Sample Street in South Bend. At the present time, this company employs approximately three hundred fifty people and estimate that an additional one hundred people will be needed in the near future. This increased employment would be from the currently un- employed local labor force and therefore be of no additional burden to the school system. It is our understanding that the utilities necessary to service this facility are readily available and therefore there will be no additional cost to the city by virtue of this project. Likewise, police and fire protection require- ments would not be changed from present requirements. In accordance with the Economic Development Act, State of Indiana, our Com- mission is to forward a statement of public service to the school corporation having jurisdiction of the area in which the facility is located. We would appreciate your approval in the near future. Cordially, Karl G. King, Jr. President ECONOMIC DEVELOPMENT COMMISSION OF SOUTH BEND KGK Jr. /nt cc: Jerry J. Miller, Mayor, City of South Bend Peter J. Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney for Economic Development Louis R. Chreist, Jr., President, South Bend Toy Manufacturing Co., Inc. of to REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 320 -72 - ATTACHMENTS m Economic Development Commission of South Bend 14th Floor, County -City Building South Bend, Indiana 46601 Attention: Karl King, Jr., President Gentlemen: August 8, 1972 " Re: South Bend Toy The staff of the Area Plan Commission has reviewed the application for a proposed bond issue to permit the purchase and remodeling and expansion of an industrial building located at 3300 West Sample Street in the City of South Bend. We find the site to be located on the south side of Sample Street and is zoned for "Heavy Industrial" uses. We are pleased to report that the proposal is con- sistent with the development plan for the South Bend area. HB:ld of lu Very truly yours, HOWARD BELLINGER, Executive Director Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Dear Mr. King: W August 7, 1972 " The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the application from South Bend Toy Manufacturing Company, Inc. of South Bend, Indiana for an industrial revenue bond issue of $1,750,000 for the purposes of purchase, remodeling and expansion of a facility at 3300 West Sample Street in South Bend. The School Corporation does not consider that this project would cause any major change in school enrollments nor bring any burden upon present school facilities. Sincerely, Aaron Huguenard, President Board of School Trustees AH:mm of The resolution was read in full. Councilman Parent made a motion that the clerk read only paragraphs 1, 6, 7, 8,9, and 10 in the next three resolutions as the information in the other paragraphs is the same in each resolution. The motion was seconded by Councilman Taylor and carried. A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, spoke for the resolution. He explained that the next three resolutions all follow the format of this first one. Under no circumstances will these agree- ments become general obligations of the City of South Bend. Milton Bradley, parent company of South Bend Toy, has been contemplating moving the company to another city. This would put 250 to 300 people out of work. The cost of remodeling the present plant would be too high. The com- mission would like to retain the company in South Bend with the hope that they will add 100 to 200 employees when the move and expansion plans are completed. The Commission is not just trying to solicit new business for South Bend but also hoping to retain the ones we have. South Bend Toy has a commitment to purchase existing facilities on Sample Street and are asking the Council for favorable action on the resolution. Councilman Miller made a motion for adoption of the resolution, seconded by Councilman Taylor. The resolution was approved and adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 321 -72 WHEREAS, Metal Stamp, Inc.,- has submitted its intention to the Economic Development Commission of South Bend to build and contract a building on property located on Indiana Highway #23, in St, Joseph County, Indiana WHEREAS, Metal Stamp, Inc., has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, and the Polk, Lincoln, Johnson School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation and the Polk, Lincoln, Johnson School Corporation has been received as presented to the Clerk of the City of South Bend and attached, and WHEREAS, the statement of public service by Metal Stamp, Inc. and the Economic Development Com- mission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commis- sion have been received by the Clerk of the City of South Bend as attached, and WHEREAS, the requirements of the application as described in the 'Municipal Economic Development Act of 1965 of the State of Indiana' as amended have therefore been met to this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of construction, and the impact on utilities and fire and police facilities of the REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 321 -72 (CONTINUED) City of South Bend with the approvals of the school corporations and the Area Plan Commission having jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, Metal Stamp, Inc. seeks approximately $250,000.00 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its City Clerk and further desires to enter into a lease of not more than 25 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the Metal Stamp, Inc. indicates its intention to pa all expenses of the operation, maintenance, insurance, property taxes, whatever of the facility, THEREFORE, be it resolved by the Common Council of the City of South Bend that the statement of public service on the part of the Economic Development Commission of the Area Plan Commission and the South Bend City School Corporation and the Polk, Lincoln, Johnson School Corporation be accepted and approved, and THEREFORE, be it resolved that the South Bend City Common Council authorize the Economic Devel- opment Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, Metal Stamp, Inc., in the nature of a conditional commitment to enter into a lease with Metal Stamp, Inc., and THEREFORE, be it resolved that the Economic Development Commission of the City of South Bend shall, as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. Mr. Karl G. King, President Economic Development Commission 320 W. Jefferson Boulevard South Bend, Indiana 46601 Dear Mr. King: /s/ Peter J. Nemeth President, South Bend City Common Council m This letter is our formal application to your Commission to underwrite.. .-an Industrial Revenue Bond for the needed plant expansion by Metalstamp, Inc. As back- ground information, Metalstamp, Inc. is an Indiana Corporation formed in April, 1968 to purchase the Walkerton stamping plant of Arrowhead Engineering Corp. At that time the plant employed nine persons with annual sales of approximately $400,000. Presently we are employing thirty persons and have a sales volume in excess of $1,500,000. Our company has a sound financial statement, to which our bank can attest, with a net worth.n excess of $200,000. The officers--and sole owners of Metalstamp, Inc. are Robert W. Klotz, President and Treasurer, and Ernest Zeller, Vice President and Secretary. With regard to our need for a new plant, we have reached near full production capacity at our Walkerton plant and have just been awarded a large automotive stamping contract. We are proposing to build a- 131750 square foot all -steel building on a 15 -acre tract of land located on Indiana Highway 23 south of town in Greene Township. We will be equipping the building with several large presses to handle heavy and high volume stamping work. There will be sufficient floor space to install several additional large presses as new jobs warrant the equipment. We plan to employ ten to fifteen new people within the first year and will have potential employment of fifty or more within a few years. Included in the employment will be skilled tool and die makers as well as general laborers. The utility needs of our plant will be minimal. We have checked with Indiana & Michigan Electric Co. and there is ample electricity in the area to handle our needs. There will be no need for water and sewage as we will be providing our own well and septic system. Police and fire protection will be provided by the now existing county authorities. The total revenue bond issue that we are requesting to finance the above project is $250,000. Of the total amount, $130,000 will be for land and building and the balance for equipment. We -have presented this project to our bank, The National Bank and Trust Co. of South Bend and they are very willing to be the direct purchaser of the bonds. Your Commission should have a letter of record from ahe bank confirming their commitment. Based upon the above information, we respectfully request that your Commission will act favorably to approve our application for this Industrial Revenue Bond issue and proceed with the necessary work to get the bond issue approved by the earliest possible date. Respectfully yours, Robert W. Klotz, President It June 23, 1972 " Mr. Howard Goodhew, President South Bend School Board 635 South Main Street South Bend, Indiana Dear Mr. Goodhew: Our Commission has an application for an industrial revenue bond issue for Metal- stamp, Inc. at Walkerton, Indiana. Mr. Robert W. Klotz, President and Treasurer, and Mr. Ernest Zeller, Vice President and Secretary, desire to build a 13,750 square foot all -steel plant building on a fifteen acre tract of land located on Indiana Highway #23 south of town in Greene Township. They will be equipping the building with several large presses to handle heavy and high volume stamping A REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 321 -72 - ATTACHMENTS In work. They will employ an additional ten to fifteen people to their present thirty, and may increase that to fifty additional employees within a few years. The utility needs of the new plant should cause no additional burden to the County for service. According to Mr. Klotz and Mr. Zeller, they will provide their own water and sewage by well and septic system. They believe that police and fire protection will be adequately provided by the now existing County authorities. The amount of application for the industrial revenue bond issue to finance the project is $250,000.00. The National Bank and Trust Company of South Bend have indicated their desire to purchase these bonds. It is necessary under the Industrial Development Act, State of Indiana 1965 as amended that we obtain approval of the School Corporation having jurisdiction of the area in which the applicant is to be located. It is our feeling that probably the employment of this plant would be drawn from Walkerton itself, but we ask that you check this for its impact on the school system and would appreciate your affirmative reply as soon as conveniently possible. Sincerely, Karl G. King, Jr. President Economic Development Commission of South Bend KGK/nt CC: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney for Economic Development Commission Robert W. Klotz, Pres. & Treas., Metalstamp, Inc. Ernest Zeller, Vice Pres. & Secy., Metalstamp, Inc. Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: June 23, 1972 We have an application for an industrial revenue bond issue for Metalstamp, Inc. at Walkerton, Indiana. Mr. Robert W. Klotz, President and Treasurer, and Mr. Ernest Zeller, Vice President and Secretary, desire to build a 13,750 foot all - steel plant building on a fifteen acre tract of land located on Indiana Highway #23 south of town in Greene Township. They will be equipping the building with several large presses to handle heavy and high volume stamping work. They will employ an additional ten to fifteen people to their present thirty, and may increase that to fifty additional employees within a few years. m The utility needs of the new plant should cause no additional burden to the County for service. According to Mr. Klotz and Mr. Zeller, they will provide their own water and sewage by well and septic system. They believe that police and fire protection will be adequately provided by the now existing County authorities. The amount of application for industrial revenue bonds to finance the project is $250,000.00. The National Bank and Trust Company of South Bend have indicated their desire to purchase these bonds. Under the Industrial Development Act of 1965, State of Indiana, as amended, it is necessary for the Economic Development Commission to obtain the approval of the Area Plan Commission having jurisdiction of the area in which the applicant is located. We understand, also, that there is an application for rezoning bearing on this application for an industrial revenue bond issue pending before you. We would appreciate your approval as soon as it is conveniently possible. Sincerely, Karl G. King, Jr. President Economic Development Commission of South Bend KGK/nt cc. Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney, Economic Development Commission Robert W. Klotz, Pres. & Treas., Metalstamp, Inc. Ernest Zeller, Vice Pres. & Secy., Metalstamp, Inc. of South Bend 110 REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 321 -72 - ATTACHMENTS Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Attention: Karl G. King, Jr., President Dear Mr. King: August 4, 1972 In Re: Metalstamp, Inc. This letter is in response to the proposal set forth in your letter of June 23, 1972 pertaining to the issuance of a revenue bond for Metalstamp, Inc. of Walkerton, Indiana. As I noted in our telephone discussion covering this matter the land in question loaa.ted along Indiana Highway No. 23 in Greene Township is presently zoned "A" Agricultural which does not permit manufacturing activities. However, Metalstamp, Inc. has petitioned for the subject property to be zoned from "A" Agricultural to "M" Manufacturing. This matter will be given public hearing by the Area Plan Commission at its regularly scheduled meeting August 15, 1972 at 7:30 p.m. Following the public hearing the Area Plan Commission will submit its recommendation to the County Commissioners for final action of granting or denying the petition for changing the property from "A" Agricultural to "M" Manufacturing as proposed by Metalstamp, Inc. Should the property in question be rezoned to "M" Manufacturing your Commission can anticipate favorable action on the part of the Area Plan Commission for the proposed bond issue in favor of Metalstamp, Inc. HB:ld Very truly yours, HOWARD BELLINGER, Executive Director CC: Mayor Miller m In M Peter Nemeth, Council Charles Sweeney, City Attorney Kenneth Fedder, E.D.A. Attorney Robert W. Klotz, Metalstamp, Inc. Ernest Zeller, Metalstamp, Inc. Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Dear Mr. King: June 27, 1972 " The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the construction project of Metalstamp, Inc. at Walkerton, Indiana, to build an all -steel plant building on a fifteen acre tract of land located on Indiana Highway #23 south of town in Greene Township. The School Corporation does not consider that this project would cause any major change in school enrollments nor bring any burden upon the present school facilities. HG /mm Sincerely, Howard Goodhew, President Board of School Trustees m A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission made the presentation for the resolution. Metalstamp has a firm commitment from a bank to purchase the bonds. There is a need for this type of operation in the community. Several contracts are coming to Metalstamp which they cannot adequately fulfill with their present facilities. They will provide opportunities for unskilled workers and also for skilled tool and die makers. The project will be beneficial to our community. Councilman Szymkowiak moved that the resolution be adopted, seconded by Councilman Parent. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 322 -72 WHEREAS, Koszegi Leather and Vinyl Products, Inc. has submitted its intention to the Economic Development Commission of South Bend to construct and furnish an addition to their existing property located on South Chapin Street, in the City of South Bend, County of St. Joseph, State of Indiana WHEREAS, Koszegi Leather and Vinyl Products, Inc. has submitted a statement of public service to the abive Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend, and attached, and REGULAR MEETING August 14, 1972 RESOLUTION NO. 322 -72 - :(CONTINUEDY WHEREAS, the statement of public service by Koszegi Leather and Vinyl Products, Inc., and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by the Clerk of the City of South Bend as attached, and, WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965 of the State of Indiana" as amended have therefore been met to this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of construction, and the impact on utilities and fire and police facilities of the City of South Bend, with the approvals of the school corporation and the Area Plan Commission . having jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, Koszegi Leather and Vinyl Products, Inc. seeks approximately $300,000.00 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its City Clerk and further desires to enter into a lease not to exceed 25 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the Koszegi Leather and Vinyl Products, Inc. indicates its intention to pay all expenses of the operations, maintenance, insurance, property taxes, whatever of the facility, THEREFORE, be it resolved by the Common Council of the City of South Bend that the statement of public service on the part of the Economic Development Commission of the Area Plan Commission and the South Bend City School Corporation be accepted and approved, and THEREFORE, be it resolved that the South Bend City Common Council authorize the Economic Devel- opment Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, Koszegi Leather and Vinyl Products, Inc., in the nature of a conditional commit- ment to enter into a lease with Koszegi Leather and Vinyl Products, Inc., and THEREFORE, be it resolved that the Economic Development Commission of the City of South Bend shall, as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. /s/ Peter J. Nemeth President, South Bend City Common Council July 28, 1972 to Mr. Karl King, Chairman Economic and Development Commission 116 South Michigan Street South Bend, Indiana 46601 Dear Mr. King: I am writing to you in efforts that you may be of assistance to my corporation for the express purposes of an Industrial Revenue Bond issued for the following purposes: 1. Purchase property containing 60,000 square feet - land space. Price approximately $50- 60,000.00. 2. In addition to my present facility 100 x 100 with two stories contained in all 20,000 square feet. 3. The retirement of approximately $100,000.00 of indebtedness of my present facility which contains 27,000 square feet and 60,000 square feet of land approximately. Total cost of the above project would be as follows: Approximately $50- 60,000.00 for the purchase of additional land. Approximately $120,000.00 for the 20,000 square feet addition, and, of course, $100,000.00 of debt retirement owed on the present facility. The approximate book value per my company records for our present land, buildings and machinery and equipment is as follows: Land $13,087.00 Buildings $183,029.00 Machinery and Equipment $86,034.00 In addition to the request for the monies under the Bond Issue for the building,, we are also requesting the balance of approximately $20- 40,000 for the purchase of new machinery and equipment used in the day to day process in my business. At the present time our corporation employs approximately seventy people in the South Bend, St. Joseph County area and with the future expansion will employ 'an additional fifty, bringing total employment at our corporation to one hundred and twenty people. Attached you will find our corporate year =end statement which has been prepared by John Dobson & Company, and as you can see, we have had another growth expansion year with good profits to the corporation. I sincerely feel that this coming venture will be both gratifying for South Bend and St, Joseph County and to the future growth of our corporation, and will inure to the benefit of all citizens of South Bend. Respectfully submitted Endre Koszegi, President EK;sm m REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 322 -72 - ATTACHMENTS of July 28, 1972 " Mr. Aaron H. Huguenard, Jr., President South Bend School Board 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: ..Our Commission has an application from Koszegi Leather and Vinyl Products, Inc. of South Bend, Indiana for an industrial revenue bond issue of $300,000 for the purposes of expansion, additional land purchase and the acquisition of new machinery and equipment at their present location on South Chapin Street. At the present time, this corporation employs approximately seventy people in the South Bend, St. Joseph County area, and with the future expansion expects to employ an additional fifty people which would benefit the community through increased employment. This increased employment would be from people already living in the area and therefore be of no additional burden to the school system. It is our understanding that the utilities necessary to service this expanded facility would be readily available and therefore there will be no additional cost to the city by virtue of this project. Likewise, police and fire protection requirements would not be changed from present requirements. In accordance with the Economic Development Act, State of Indiana, our Commission is to forward a statement of public service to the school corporation havein jurisdiction of the area in which the facility is located. We would appreciate your approval in the near future. Cordially, Karl G. King, Jr. President Economic Development Commission of South Bend KGK Jr. /nt CC: Jerry J. Miller, Mayor, City of South Bend Peter J. Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney for Economic Development Commission of South Bend Endre Koszegi, President, Koszegi Leather & Vinyl Products Inc. Is of 11 Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Our Commission has an application from Koszegi Leather and Vinyl Products, Inc. of South Bend, Indiana for an industrial revenue bond issue of $300,000 for the purposes of expansion, additional land purchase and the acquisition of new machinery and equipment at their present location on South Chapin Street. At the present time, this corporation employs approximately seventy people in the South Bend, St. Joseph County area, and with the future expansion expects to employ an additional fifty people which would benefit the community through increased employment. This increased employment would be from people already living in the area and therefore be of no additional burden to the school system. It is our understanding that the utilities necessary to service this expanded facility would be readily available and therefore there will be no additional cost to the city by virtue of this project. Likewise, police and fire protection requirements would not be changed from present requirements. In accordance with the Economic Development Act, State of Indiana, our Commission is to forward a statement of public service to the Area Plan Commission having jurisdiction over the area in which the facility is located. We would appreciate your approval in the near future. Cordially, Karl G. King, Jr., President Economic Development Commission of South Bend KGK Jr. /nt CC: Jerry J. Miller, Mayor, City of South Bend Peter J. Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney, Economic Development Commission of South Bend Endre Koszegi, PRESTDENT," "Xos2egi Leather & Vinyl Products, Inc. 11 11 REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 322 -72 - ATTACHMENTS m August 8, 1972 " Economic Development Commission of South Bend 14th Floor, County -City Building South Bend, Indiana 46601 Attention; Karl King, Jr., President In Re: Koszegi Leather and Vinyl Products, Inc. Gentlemen: The Staff of the Area Plan Commission has reviewed the bond application for Koszegi Leather and Vinyl Products, Inc. The proposed expansion involves property located in the Sample Street Industrial Renewal Park and is consistent with the general development plan for theCity of South Bend. The Redevelopment Department is aware of this proposal and finds it to be con- sistent with the Urban Renewal Plan. Very truly yours, Howard Bellinger Executive Director HB:ld It m It August 7, 1972 It Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the application from Koszegi Leather and Vinyl Products, Inc. of South Bend, Indiana for an industrial revenue bond issue of $300,000 for the purposes of expansion, additional land purchase and the acquisition of new machinery and equipment at their present location on South Chapin Street. The School Corporation does not consider that this project would cause any major change in school enrollments nor bring any burden upon present school facilities. Sincerely, Aaron Huguenard, President Board of School Trustees AH:mm it n A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission explained that Mr. Koszegi has been in our community for 13 years as a successful businessman. He was Indiana Small Businessman of the Year. The business employs 70 persons. They hope to bring employment up to 150 with the planned expansion of the business. They have a commitment from a bank to purchase the bonds. The venture will provide for,additional employees, additional construction work and will be of benefit to the community. Councilman Kopczynski moved that the resolution be adopted, seconded by Councilman Newburn. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 323 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF INTERNATIONAL BAKERS SERVICES, INC. WHEREAS, International Bakers Services, Inc. has submitted its intention to the Economic Devel- opment Commission of South Bend to build and construct a building on property located on land contiguous to the Airport Industrial Park, in the City of South Bend, County of St. Joseph, Indiana WHEREAS, International Bakers Services, Inc. has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been re- ceived as presented to the Clerk of the City of South Bend and attached, and WHEREAS, the statement of public service by International Bakers Services, Inc., and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by the Clerk of the City of South Bend as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965 of the State of Indiana" as amended have therefore been met to this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of construction, and the impact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission AUGUST 14, 1972 REGULAR MEETING u RESOLUTION NO. 323 -72 (CONTINUED) having jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, International Bakers Services, Inc., seeks approximately $350,000.00 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its City Clerk and further desires to enter into a lease not to exceed 20 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the International Bakers Services, Inc., indicates its intention to pay all expenses of the operation, maintenance, insurance, property taxes, whatever of the facility, THEREFORE, be it resolved by the Common Council of the City of South Bend that the statement of public service on the part of the Economic Development Commission of the Area Plan Commission and the South Bend City School Corporation be accepted and approved, and THEREFORE, be it resolved that the South Bend City Common Council authorize the Economic Devel- opment Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, International Bakers Services, Inc., in the nature of a conditional commitment to enter into a lease with International Bakers Services, Inc., and THEREFORE, be it resolved that the Economic Development Commission of the City of South Bend shah as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. /s/ Peter J. Nemeth President, South Bend Common Council /s/ Walter M. Szymkowiak Member, South Bend Common Council it July 7, 1972 " Mr. Karl G. King, Jr., Corporate Vice President in charge of the Downtown South Bend Council South Bend Chamber of Commerce 320 W. Jefferson Blvd. South Bend, Indiana 46601 Dear Mr. King: Further to our conversation, yesterday, International Bakers Services, Inc. would like to apply for financing under the Economic Development Commissions Industrial revenue bond plan. We will need $350,000 for twenty years and we have a commitment from the St.` Joseph Valley Bank, Elkhart, to purchase the bonds. Our company has been in business since 1946 and have been profitable down through the years. We have a net worth in excess of $325,000.00 and our annual sales this year should approach almost $1,000,000.00. International Bakers must move from the leased facilities at our present location on U.S. 31, North. We prefer to stay in South Bend and believe that our remaining here will not only keep a well -known international business in this area but benefit the community through increased employment because of our expansion plans. We now employ about 12 persons and this could double in the near future. Our employment while significant, should not present any unforeseen problems to the school system. The company controls land contiguous to the Airport Industrial Park Phase III and would like to build facing the'toll road, with an entrance on Cleveland Road. The land was initially zoned Industrial by the area plan commission when annexed by the city several years ago and, therefore, should comply with the planned expansion designated for this area. We plan to erect an all brick building with steel columns and steel beams. Utilities need not be extended just for our company. International Bakers will be able to tap in to those provided by the city to the Airport Industrial Park Phase III project. We do not have any pollution from the items we make. There are no unusual hazards associated with our industry, and, therefore, would not expect to become a burden to the police or fire departments. Please give me a call if there is a need for any further information. Sincerely, INTERNATIONAL BAKERS SERVICES, INC. William E. Busse, President WEB: pd If II REGULAR MEETING AUGUST 14 1972 RESOLUTION NO. 323 -72 - ATTACHMENTS " July 19, 1972 " Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Our Commission has an application from International Bakers Services, Inc. of South Bend, Indiana for an industrial revenue bond issue of $350,000 to enable them to build a building on land contiguous to Airport Industrial Park - Phase III facing the Toll Road with an entrance on Cleveland Road. This building would house this well -known international business in this area and benefit the community through increased employment with the expansion plans. The company presently employs twelve people and expects to double this number in the near future, and more later. The planned building would not contribute to pollution, cause any unusual hazards, nor be an increased burden to the police or fire department. The utility expansion in Airport Industrial Park - III will service this building also. The increased employment would be from people already living in the area and therefore be of no additional burden to the school system. The planned building would be an addition to our tax base and of benefit to the tax revenues, and therefore the school system. In accordance with the provisions of the Industrial Development Act, State of Indiana, it is necessary for us to secure approval from the area plan commission having juris- diction of the area in which the project is to be built. We would appreciate your approval in the near future. Cordially, Karl G. King, Jr., President Economic Development Commission of South Bend KGK/nt CC: Jerry J. Miller, Mayor, City of South Bend Peter J. Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney, Economic Development Commission of South Bend William E. Busse, President, International Bakers Services, Inc. " July 19, 1972 " Mr. Aaron H. Huguenard, Jr., President South Bend School Board 635 South Main Street South Bend, Indiana Dear Mr Huguenard: Our Commission has an application from International Bakers Services, Inc. of South Bend, Indiana for an industrial revenue bond issue of $350,000 to enable them to build a building on land contiguous to Airport Industrial Park - Phase III facing the Toll Road with an entrance on Cleveland Road. This building would house this well -known international business in this area and benefit the community through increased employment with the expansion plans. The company presently employs twelve people and expects to double this number in the near future and more later. The planned building would not contribute to pollution, cause any unusual hazards, nor be an increased burden to the police or firec'bpartment. The utility expansion in Airport Industrial Park - Phase III will service this building also. The increased employment would be from people already living in the area and therefore be of no additional burden to the school system. The planned building would be an addition to our tax base and of benefit to the tax revenues, and, therefore, the school system. In accordance with the provisions of the Industrial Development Act, State of Indiana it is necessary for us to secure approval from the school corporation having jurisdiction of the area in which the project is to be built. We would appreciate your approval in the near future. KGK /nt Cordially, Karl G. King, Jr., President Economic Development Commission of South Bend CC: Jerry J. Miller, Mayor, City of South Bend Peter J. Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney, Economid. Development Commission of South Bend William E. Busse, President, International Bakers Services, Inc. if M REGULAR MEETING AUGUST 14, 1972 RESOLUTION NO. 323 -72 - ATTACHMENTS of August 8, 1972 Economic Development Commission of South Bend 14th Floor, County -City Building South Bend, Indiana 46601 Attention: Karl King, Jr., President In Re: International Bakers Services, Inc. Dear Mr. King: The Staff of the Area Plan Commission has reviewed the bond application for International Bakers Services, Inc, of South Bend and finds the proposal to be con- sistent with the Comprehensive Development Plan for the South Bend Area. The area in question is zoned "Heavy Industrial" which permits the proposed development. Very truly yours, Howard Bellinger, Executive Director HB:ld 1 LL August 7, 1972 Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Dear Mr. King: m The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the application from International Bakers Services, Inc. of South Bend, Indiana to build a building on land contiguous to Airport Industrial Park -Phase III facing the Toll Road with an entrance on Cleveland Road. The School Corporation does not consider that this project would cause any major change in school enrollments nor bring any burden upon present school facilities. Sincerely, Aaron Huguenard, President Board of School Trustees AH /mm of m R m A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that International Bakers have been in the community since 1946. They would build a completely new building near Phase III of the Airport Industrial Park and their employment could be doubled. Councilman Nemeth asked which bread is involved in this project. Mr. Karl King, President of the Economic Development Commission, explained that International Bakers make the formulas for many bakeries, among them Kreamo. They are a developer rather than a producer. Councilman Kopczynski moved that the resolution be adopted, seconded by Councilman Taylor. The resolution was adopted by a roll call vote of nine ayes, (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE-CONFIRMING A CERTAIN RESOLUTION ADOPTED BY THE BOARD OF PARK COMMISSIONERS FOR THE CITY OF SOUTH BEND, INDIANA, PROHIBITING THE USE OF ALCOHOLIC BEVERAGES WITHIN THE PROPERTY OF THE CITY OF SOUTH BEND UNDER THE JURISDICTION OF THE BOARD OF PARK COMMISSIONERS. This ordinance had first reading. Councilman Parent objected to the second reading at this time and moved to refer the Ordinance to the Council Committee on Parks and Recreation. Councilman Taylor seconded the motion and it was carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO PETROCHEM AUTOMOTIVE CORP. This ordinance had first reading by title and second reading in full. Councilman Taylor made a motion that the ordinance be set for public hearing and third reading on September 11, 1972. Councilman Kopczynski seconded the motion and it was carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990, CHAPTER 40, OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702). (Between N. Ironwood and Rosemary Lane) This ordinance had first reading by title. Councilman Parent objected to the second reading and moved to refer the ordinance to the Area Plan Commission for their recommendation. Councilman Horvath seconded the motion and it was carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (CHAPTER 40, MUNICIPAL CODE). (North Side of Ireland, Between St. Joseph and Fellow) This ordinance had first reading by title. Councilman Parent objected to the second reading and moved to refer the ordinance to the Area Plan Commission for their recommendation. Councilman Taylor seconded the motion and it carried. REGULAR MEETING UNFINISHED BUSINESS AUGUST 14, 1972 I Council President Nemeth said that an ordinance introduced before the Council on March 13, 1972 in regard to a zoning amendment submitted by David Kessler, has now been repladed by a newly submitted ordinance and asked for a motion to strike the earlier ordinance from the files, so moved by Councilman Newburn,-seconded by Councilman Parent. Motion carried. NEW BUSINESS Mr. Nemeth thanked Deputy City Clerk Mary Ann Ryback for the very capable job she did tonight in the absence of City Clerk Irene Gammon. There being no further business, unfinished or new, to come before the Council, Councilman Newburn made a motion to adjourn, seconded by Councilman Parent. The motion carried and the meeting adjourned at 12 :45 a.m. ATTEST: CITY CLERK YMS iDBNT - h- I-- h- F- F-- F- I-tt- t-- 1-- 1-- F- M-- F-.- F- h- 1-- h- 1-- f-- h+- F-- h..- H-- h- I-- 1- .- F- I-- I-- h- h- F- f--#-- F.- 1-- h- F- h- h- I--l-- 1-.- h- F- I-- h- 1-- F- h- 1-- 1-- F-- h- I-- h.- 1-- h- h- F- F-- 1-- F- H- I-.- t-- F- f-- t-- t- -f--H-1--F-h-I--I--F-h-F-F-h-1. s