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HomeMy WebLinkAbout10-10-72 Council Meeting MinutesREGULAR MEETING OCTOBER 10, 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 Tuesday, October 10, 1972 at 7:00 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 entertained a motion to resolve into the Committee of the Whole, so moved by Councilman Taylor, seconded by Councilman Parent, and 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 on Tuesday, October 10, 1972 at 7:05 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, said that this is basically the same ordinance that has had public hearing in the last several weeks with some minor changes. One is that a Sanitation Fund is set up whereby all receipts are deposited and all disbursements from this fund are made and that a budget for the Sanitation Bureau will be presented to the Common Council by November 30 of each year, showing the cost of operating the department and the fees collected. The other major change is that the ordinance would be in full force and effect from April 1, 1973. Basically the ordinance provides that all citizens of South Bend shall use a trash disposal service whether it be a private hauler or the city. The ordinance provides for restricted or non - restricted licensing of the vehicles used for hauling trash and garbage and establishes rates. They are suggesting that Section 16 -6 (c) (2) be changed so that anyone who provides proof of over 65 years of age to the Board of Public Works would pay $1.50 per month. Miss Virginia Guthrie, Executive Secretary of the Civic Plan- ning Association, asked Mr. Richardson what kind of study has been made since this plan was first proposed by the Mayor in March as to the number of people who might use the city service. Mr. Richardson said that there are no firm figures to go on but that a questionnaire will be included with the Water Works billings for November, December and January asking customers if they want the city pick -up and requesting that they return the questionnaire immediately. Miss Guthrie said that if not many people sign up for the city service, the costs would have to go up and those who take it will be paying a much larger cost. Mr. Richardson said that the first year of the operation is going to be the most critical. No one can say how many customers the city will have but the ordinance does provide that people who have been cited twice for not having their trash removed will be put on the city pick -up and will have to pay. Mr. Maurice Cohen, 725 E. Eckman, said that, as a property owner, he has been assessed for 1973 for garbage pickup and if the city stops picking up garbage, will he get a rebate on this. Mr. Richardson said that initial funding for the department will have to come from the General Fund and they will use the money budgeted for 1973 to start operation of the department. Each year they intend to repay the General Fund out of the funds collected by the department. Mrs. Janet Allen, 125 W. Marion St., also questioned the property owner having to pay for the service through the tax rate and by hiring a private hauler or the city to haul trash and garbage. She said that the people who are causing the problems will not contract for either service and said that enforcement of existing laws would be a better solution. She called attention to weeds that are not cut in the city, although there is a weed ordinance. Mr. Richardson said that the city is aware that they have a weed problem. These conditions must be brought before the Board of Works, referred to the City Attorney, sometimes brought back before the Board, in a lengthy process. This proposed ordinance allows the city to take action. Mr. Henry Stute, 1511 Cedar Street, also called the attention of the Council to the matter of weeds, especially on the bridges in the city. He said he feels that all citizens should involve themselves in the cleaning up of the city and suggested that a local Marine Corps Company would be willing to volunteer their services for week cutting and cleaning up of litter and debris if they were asked. The Clerk read a statement from Mr. Kenneth Buhle, representing the Teamsters Union. The statement said that the public had indicated, in the previous public hearings on this issue, that they were opposed to any change in the present method of trash pick -up and they hoped the Council would consider the expressions of the public. Mr. George Herendeen, Attorney for the Independent Trash Haulers, said that their position was the same as on the other occasions when public hearings were held on this issue. They would favor the Council passing the enforcement portion of the ordinance. This would provide the city with the remedy they need to solve the problems. Mr. Herendeen said that since the ordinance had been endorsed by at least five of the Councilmen, it is evidently the intention of the Council to pass the ordinance. He said the Independent Trash Haulers still have many reservations about the ordinance. They feel it will give the city control over the trash business. They want the Council to know that they welcome bona fide competition and they hope the city will use good faith. The Independent Trash Haulers are going to stay in business and render full service to their customers and this might give them incentive to give better service. They want to cooper- ate in any way they can so that we can have a clean city and have made a clean city and have made'' a diligent effort so far. Mr. Hollis Hughes, a Director of the Model Cities Program, told the Council that the Model Cities staff has been working for three years on a trash removal program because of the blighted conditions in the Model Cities area. They have had varying degrees of success. Mr. Hughes said he urged the Council to act favorably on this ordinance. He said they are concerned about the cost of having appliances picked up. The residents of the Model Cities and Southeast Neighborhoods are more apt to buy second -hand appliances and, therefore, more apt to have old ones to dispose of and this $7.50 fee might have an adverse effect on the people. Mr. Clyde Davis, representative of the Physical Committee of the Model Neighborhood Association, also urged the Council to pass the ordinance. He said he also worked closely with the Model Cities Trash program. They want to have a clean neighborhood and want to demonstrate to the rest of the city that they want to have their trash removed. Councilman Kopczynski said that he had sent the following letter to the Mayor, the Councilmen, William Richardson, the Independent Trash Haulers Association, the Fair Tax Association, Mrs. Conchita Washington, Mr. James Barcome, and Dr. John Kromkowski. REGULAR MEETING OCTOBER 10, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) The attached ordinance on trash and garbage removal was drafted by the Independent Haulers, the Fair Tax Association and other interested parties. The ordinance is a result of my telling the above groups that we welcome construc- tive criticism, but such criticism should be in writing and corrective steps set down to help the city officials administer the cities' needs to the wishes of the people, provided that their ideas can work out satisfactorily for the entire city. It is interesting to note that much of the proposed ordinance is similar to the one already on the agenda. There are some interesting features that should be strongly considered in implementing trash and garbage removal in the city. In closing, I urge the administration and the Council to give this ordinance your consideration, thus giving the trash haulers and other parties their opportunity to contribute to this program. Sincerely, Walter T. Kopczynski Councilman, Sixth District Councilman Kopczynski then offered two amendments to the ordinance. In Section 16 -6, Add Paragraph (f) as follows: "It shall be a misdemeanor for any owner, occupant, lessee, tenant or agent of same, to refuse to pay any independent trash hauler for services that said owner, occupant, tenant, lessee or their agent has hired or contracted to collect and dispose of garbage, trash, or any type of refuse, after having been presented with a bill for said services. Such misdemeanor costs would result in a fine not less than five (5/) per cent of the bill in question and not more than ten (10) per cent of the bill in question in addition to the original amount of theclaim along with court costs and attorney fees." Section 16 -8 (c), add a sentence: "All containers must be elevated to a minimum of six inches off the ground to allow for air circulation and to prevent freezing of containers to the ground ". Councilman Serge seconded the amendments. It was the decision of the Council to divide the question and vote on each amendment separately. Councilman Miller said that it was regressive to require legal fees and attorney's fees to fight for payment and that this was not worth classifying as a misdemeanor. Councilman Horvath asked how you would enforce such a provision. City Attorney Charles Sweeney, Jr. said that, through Councilman Kopczynski's proposed amendment, the Council would be taking steps to, in effect, enforce a private contract between a hauler and a user. He said that he would have to research the matter but it appears to be illegal. He said he did not think the Council has the right to put itself into a private dispute over a breach of contract and any such action would be subject to litigation. Mr. Sweeney said he thought it was highly improper for the Council to get itself into this kind of a bind. He said the Council could direct him to research this matter and if the opinion was favorable, the Council could amend the ordinance at that time. Councilman Kopczynski said that, in view of what had been brought out here, he would withdraw the amendment to Section 16 -6 (f) and ask the Attorney to research this matter and bring it up at some future time. Councilman Parent said that he was opposed to the amendment to Section 16 -8. He said it was not necessary and would just be an additional cost to elevate trash cans. Councilman Horvath said that he thought this could be dangerous, because people might not provide a proper platform and a trash can could fall causing injury. Councilman Parent said that those citizens who do not have alleys and who must bring their trash to the curb could not provide any kind of an elevated platform. Councilman Parent then moved to close debate on the amendment, seconded by Councilman Horvath. Motion carried. The chair called for a vote on the amendment and the motion failed by a voice vote, Councilman Nemeth abstaining. Councilman Taylor said that the Council is acting in good faith in trying to get a good garbage and trash pick -up service for the City of South Bend. Not everyone will want to use the city pick -up. We-are talking about 40,000 homes and each service, the city and the private haulers, will have their share of the customers. Council- man Taylor then said he would move to amend the ordinance in Section 16 -6, Section (c) (1) by changing the fee to $2.50 a month. He said the primary objection to the amendment would be that it is an underhanded way of attempting to put the private trash haulers out of business. He said he rejected that argument on the basis of talks with the people in his district, many of whom want to continue with their private haulers. He said it is a fallacy to say that the city service, which is not primarily interested in profit but in providing a service to people at a low cost, has to charge the same amount of money as people who are primarily interested in the profit motive. Councilman Miller seconded the motion to amend. Councilman Nemeth said that Mayor Miller was present and would like to speak to the Council. Councilman Serge made a motion that the Council allow the Mayor to speak during their portion of the public hearing, seconded by Councilman Szymkowiak. The motion carried. Mayor Miller said that the betterment of the com- munity and the cleaning up of the community were the primary objectives of the ordinance. He said that it is true they have no idea how many customers the city will have but the fees can be amended when they know. He said the city is aware that a lot of people have not had proper trash service and that there will be a heavy burden in the next six or seven months until the program is under control. He said the questions raised tonight have been very valid questions but the city is going to attach the serious problem of debris, rats, litter, etc. in our community. Councilman Kopczynski called the question on the motion to amend. The motion failed by a voice vote, Councilman Nemeth abstaining. Councilman Parent moved to amend Section 16 -6 (c) (2) as follows: "whose occupants have provided proof of age 65 or over will be charged $1.50 ". Council- man Kopczynski seconded the amendment. Councilman Nemeth moved to amend the amendment to read "where the head of the household has submitted to the Board of Public Works proof of age 65 or over, the fee shall be $1.50 a month. Councilman Szymkowiak seconded the motion to amend the proposed amendment. The motion carried by a voice vote, Councilman Nemeth abstaining. The question was called on the motion to amend and the motion carried, Councilman Nemeth abstaining. Councilman Miller moved that the ordinance go to the Council as favorable, as amended. Council- man Taylor seconded the motion. Councilman Parent said that the ordinance leaves a few things to be desired. It has some weaknesses since it does not eliminate duplication of routes or the eyesore of trash on the curbs, and if the city fee does go down, the private haulers may not be able to compete. However, the ordinance does combine garbage and trash pick up at a fairly low cost and it provides licensing procedures and enforcement. Councilman Parent said that he felt this explanation was necessary because he voted against a similar ordinance but he has now changed his mind. The question was called and the motion carried, Councilman Nemeth abstaining. REGULAR MEETING OCTOBER 10, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO C. E. LEE COMPANY, INC. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, said that he had been before the Council before representing the Commis- sion on similar revenue bond issues. This bond issue will never become a civil liability on the citizens of South Bend. The Commission recognized that the economic need existed and that the program should go forward. The ordinance deals with C. E. Lee Company, Inc., a business estab- lishment in the community for 100 years. They are presently in the process of renovating the structure at 215 South Main Street. The property is in the downtown renewal area. The project will increase the downtown tax base, provide a gain in the employment factor, and be of benefit to the city. The amount of the bonds is $197,000 and the Commission would hope for favorable action by the Council. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Nemeth. Motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO INTERNATIONAL BAKERS SERVICES, INC. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Kenneth Fedder, Attorney for the Economic Development Commission explained that this is the same type of ordinance as the one just heard. The amount of the bonds is $350,000 and the lessee is International Bakers Services, Inc. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,500 FROM THE GENERAL FUND AND THE TRANSFER OF SAME TO ACCOUNT T -726 "OTHER-EQUIPMENT" IN THE TRAFFIC DEPARTMENT BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, explained that the money requested is wholly and entirely from funds collected on insurance claims for accidents to traffic devices. This money has been collected by the Legal Department from insurance claims and is needed to purchase and replace signals and automatic control devices. Councilman Szymkowiak moved that the ordinance go to the Council as- favorable, seconded by Councilman Kopczynski. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 5403 -72 BY APPROPRIATING FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND $75,000.00 AS THE CITY OF SOUTH BEND'S SHARE FOR THE LOCAL ROADS AND STREETS PROJECTS 47 AND 48. This being the time heretofore set for public hearing on this ordinance, proponents and opppnents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, explained that this appropriation is a technical paperwork transfer as requested by the State Board of Accounts. This money has already been approved by the Council from the Cumulative Capital Improvement Fund for the local share of these two projects. This is a new procedure for appropriating money from the CCIF for Local Road and Street Fund projects. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Council- man Taylor. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 5413 -72 BY APPROPRIATING FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND $32,500.00 AS THE CITY OF SOUTH BEND'S SHARE FOR THE LOCAL ROADS AND STREETS PROJECT 49. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works explained that the explanation was the same for this ordinance as for the previous one. This procedure has been requested by the State Board of Accounts for appropriating money from the CCIF for Local Road and Street Fund projects. Councilman Kopczynski moved that the ordinance go to the Council as favorable, seconded by Councilman Parent. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,500.00 FROM THE GENERAL FUND TO ACCOUNT W -37 "OTHER SUPPLIES: IN THE RADIO DEPARTMENT BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. John Hunt, Communications Supervisor for the City, explained that this was his annual plea for reinstatement of money cut from his budget. Radios for many departments of the city are in need of repair and the money is needed for the repair parts. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. Motion carried. REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (CONTINUED) 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 & FELLOW) OCTOBER 10, 1972 This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Jack C. Dunfee, Jr., Attorney spoke for the petitioners. He said that the area in question has been before the Council before for rezoning to C Commercial. They are now petitioning for C2 Planned Shopping Center zoning. They displayed a chart and photographs of the surrounding area. The Area Plan Commission has recommended the rezoning favorably. There are many advantages to a C2 zoning classification. It allows for combined planning to allow fewer curb cuts and fewer access and egress points. There are more restrictions with regard to what a developer can do and what maintenance is required. At the present time, there are four proposed uses for the site. One is for a Ponderosa Steak House and the others are a cafeteria, a pancake house and an office building. The increase in assessed valuation will be 700 %. Mrs. Dorothy Schwartz spoke to the Council representing her parents and other residents of the area involved. These people are requesting favorable action on the rezoning because their homes are in an area that is largely commercial and they can no longer maintain them, and they cannot sell them as residences. Most of these people are retired. Mr. Oscar Van Wiele, 4321 Fellows Street, spoke in opposition to the rezoning and presented the clerk with a petition signed by remonstrators against the rezoning. He said their property will suffer valuation loss if the proposed C2 Shopping Center is allowed. He said with the building of the Scottsdale Mall there is no need for this facility. He said the residents did not oppose the rezoning for the Associates Family Center adjacent to this area because of the low volume of cars it would generate, but this type of center would bring more traffic into an already congested area. Mrs. Albert Sipots, 202 E. Walter Street, spoke in opposition to the rezoning. She said this rezoning wo *ld be a serious blow to residential areas in South Bend and that a majority of the property owners signed the petition presented. Mr. H. Clifford Rich, 4412 Fellows Street, also spoke against the rezoning. He said the real estate lobby is the most powerful lobby in existence and that you can't beat the organization. He said he sympathizes with the people who live on Ireland Road, but said that these situations pit neighbor against neighbor and a normally compatible neighborhood is splintered into opposing groups. Mr. Robert McGinty, of the South Bend- Mishawaka Area Chamber of Commerce, said that he had looked into the Erskine Square plan and felt it was the highest and best use of the land from an economic point of view. It will repre- sent a capital investment of over $1,000,000 and provide a 700/ increase in assessed valuations. He said he knows there are fears when commercial enterprises are proposed in these areas, but feels that commercial and residential neighbors can co- exist. Mr. Gerard Lake, 125 South Lafayette, a real estate appraiser, said that he has not run across a situation where this type of development has decreased property values in the area. He said one of the basic tenets of real estate appraisal is the need for shopping areas. Mr. Orris Holderman, 430 E. Walter Street, spoke against the rezoning. He said he built his home two years ago and pays over $1000 property taxes a year. He said he wanted to live in a residential area and had he wanted to live in a commercial area he would have built downtown. In rebuttal to the speakers opposed to the rezoning, Mr. Dunfee said that uncertainty of uses is a basic part of C2 zoning. It allows multiple uses on one tract. The alternative is 6 or 8 separate petitions, with 6 or 8 curb cuts, improper lighting and no fences. He said that Ireland Road is a commercial street and that the Transportation Committee has approved the traffic and transportation aspects of this proposal. Councilman Miller made a motion that the public portion of the public hearing be closed, seconded by Councilman Parent. Motion carried. Councilman Taylor said that this proposal would be cutting into a residential area and ripping out houses. He said that he did not think restaurants should be included in the C2 Shopping Center Zonings as there is a great difference between small commercial businesses and restaurant operations. He said he would vote against the rezoning. Councilman Nemeth questioned Mr. Dunfee on the point that a C2 Planned Shopping Center zoning would also allow the construction of a regional center and asked what would restrict the developer to a neighborhood center. Mr. Dunfee said that is determined by the number of square feet available and is spelled out in the petition filed. Councilman Parent said that C2 zoning is approved subject to submission of a final site development plan certified by the Area Plan Commission before a building permit can be granted. He said that the restaurant section of the ordinance is weak and that he would like to see a buffer between the commercial development and adjacent residential areas. He then moved to amend the ordinance to read that the only tupe of restaurant permitted in a C -2 Planned Shopping Center would be one where 95% of the food provided is consumed in the restaurant itself and that the commercial development be screened from all residential property by a mound of land no less than three feet high and by the planting of evergreens no less than three feet tall. There was no second to the motion. Councilman Kopczynski said he feels this type of zoning is good because it does reduce the number of curb cuts and that he felt the businesses would be drawing from the existing traffic in the area. Councilman Horvath said that he felt this rezoning would be adding to the impassable traffic conditions now from K -Mart to Miami. He said that no one knows what the traffic count will be when the Scottsdale Mall opens. Councilman Szymkowiak said that he won- dered why the developer wants the whole plot rezoned at this time. He said he would favor rezonin for the use already planned now and ask for other rezonings when they know the use for the property. He said the rights of residential property owners should be protected. Councilman Newburn said he feels a survey has been made of the traffic problem in the area and that when the Council entrusts people to make recommendations we should not disregard their expertise. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. Councilman Taylor moved for a short recess, seconded by several. The motion carried and the meeting recessed at 10:35 p.m. The Committee of the Whole meeting reconvened at 10:55 p.m., Councilman Newburn presiding. ORDINANCE AN ORDINANCE PROVIDING FOR THE IMPROVEMENT OF NORTH IRONWOOD DRIVE FROM APPROXIMATELY TWO HUNDRED FEET SOUTH OF BADER AVENUE TO CORBY BOULEVARD BY CONSTRUCTING A PUBLIC SIDEWALK. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard. Mr. Charles A. Sweeney, Jr., City Attorney, said that the problem of sidewalks an Ironwood Drive has been around through a couple of Councils and two administrations. On July 10, 1972, the Board of Public Works adopted a resolution calling for REGULAR MEETING OCTOBER 10, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) the improvement to be made. On August 17, 1972, 51% of more of the resident property owners who would be liable for the improvement filed a remonstrance against the project. According to Burns Statutes, in the event of a remonstrance, the matter shall only take effect by an ordinance of th Common Council passed by a 2/3 majority vote within 60 days of the remonstrance. Mr. Sweeney said, on that basis, he prepared an ordinance and sent it to the Council. He said he would now ask the Council to consider the following amendment to the ordinance. In Section I, add para- graph 4 "The cost thereof to be borne in the following proportions by the following parties: Civil City of South Bend - 25% and Affected Resident Property Owners - 75 % ". Mr. Franklin Morse, Attorney, 2921 Caroline Street, spoke for 14 of the abutting land owners affected by this improve ment. He said the property owners have complied with Park Department requests to remove shrubs and trees so that people could travel in the area involved. He said a determination must be made as to who benefits from the improvement. if the property owners benefit, they are to pay for improvements. If the citizens as a whole benefit, then the city ought to pay for them. He said that petitions filed with the Board of Works in favor of the sidewalks have signatures of resi- dents from all over St. Joseph County and that the benefits of this improvement will not accrue solely to the abutting land owners. Mr. Morse said that this action would be setting a precedent for the city in all areas where sidewalks do not exist and listed many such areas. He then said that since this was the firsttime they had heard the 25 % -75% distribution of the cost mentioned, he would like to discuss this with as many of the property owners as were in the audience. Councilman Nemeth moved for a short recess, seconded by Councilman Taylor. The motion carried an the meeting recessed at 11:25 p.m. The Committee of the Whole meeting reconvened at 11 :42 p.m. Mr. Morse then said that the con- sensus of opinion among the affected property owners who were in the audience was that the 25 %- 75% division of the cost was not fair and that it should be 500/6-50 %. He said the property owners do not oppose the sidewalks per se but leave it to the judgment of the Council to accept an amendment for a more favorable apportionment. Mr. Morse said that the property owners also have some doubt as to what will happen to underground sprinkler systems and heated driveway systems which have been installed in the area involved. Mr. Richardson said that the underground sprink- ler systems are technically and legally on city property and it has always been the policy of the Board of Works that it is up to the property owner to protect such things. If the systems are pu in from 12 to 18 inches in depth they will not be disturbed by the sidewalk construction. It might be necessary to relocate one or two sprinkler heads. Councilman Nemeth said that he would like to propose an amendment to the ordinance. Councilman Newburn said that the chair's position would be that the amendment should be offered in the Council portion of the public hearing. Councilman Parent made a motion that the Council allow Councilman Nemeth to propose an amendment at this time. Councilman Taylor seconded the motion and it carried. Councilman Nemeth moved tha the ordinance be amended as follows: On Page One of the ordinance, in the last paragraph, strike the word "therefore" and substitute the word "and ". Add a new paragraph "WHEREAS said improve- ment will be of general benefit for the City of South Bend and the citizens thereof at large, as well as of specific particular benefit to property owners in the area wherein the improvement is to be located; therefore ". In Section 1 of the ordinance, add a fourth paragraph, "The cost of the improvement is to be borne in the following proportions: Civil City of South Bend - 25% and Affected Resident Property Owners - 75 %." Councilman Taylor seconded the motion and it carried. Mr. Raymond Olson, 1515 Spokane Lane, asked City Attorney Sweeney about the legality of the 25 %- 75% cost distribution. Mr. Sweeney said he had no reservations about the legality of it. He said he listened to the arguments and proposals made at the Public Hearing in August, reviewed all the correspondence, researched the statutes and case law, and it is his opinion that the benefit accrues on a 75 -25 basis. He said unless a higher decision by a court decides otherwise he thinks it will stand. Mr. Ted Rogowski, 1619 Vernerlee Lane, asked if this meant that every- one was in favor of constructing the sidewalks and the only problem was to decide how much it would cost the property owners. Councilman Taylor said that the Council had passed an amendment to the ordinance providing for the 25 % -75% share of costs but would still vote on whether or not to pass the ordinance. Mr. William Hauguel, 1134 N. Sheridan St., said that he was in favor of the construction of the sidewalks but wondered about the city setting a precedent in paying 25% of the cost here when in other Barrett Law projects, the property owners paid 100 %. Councilman Parent said he would like to explain the reason why he was going to vote for this ordinance. He said according to the statutes, the residents should be paying for the value that accrues to their property and the city should be paying for the value that accrues to the community, and he feels the 25 % -75% ratio is justified. There is much pedestrian traffic in that area and for safety reasons he feels the sidewalks should be constructed. He said he would write in more detail to the affected residents later. Councilman Serge said that one -third of South Bend has no sidewalks and the city could not afford to pay 50% of the cost. Councilman Miller made a motion that the ordinance go to the Council asfavorable, as amended, seconded by Councilman Taylor. Motion carried. Councilman Nemeth made a motion to rise and report to the Council, seconded by Councilman Taylor. Motion carried. ATTEST: CITY CLERK Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers in the County -City Building on Tuesday, October 10, 1972 at 12:10 a.m., Council Presi- dent Peter J. Nemeth presiding. REPORT OF THE COMMITTEE ON MINUTES Your committee on the inspection and supervision of minutes would respectfully report that they have inspected the minutes of the September 25, Regular meeting 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 Horvath and carried, the report was accepted as read and placed on file. REGULAR MEETING OCTOBER 10 1972 CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Amy Kekko, 206 N. Sunnyside, complained to the Council about snowplows ruining the curb and sidewalk in front of her property. Mrs. Kekko was referred to the City Engineer. REPORT FROM AREA PLAN COMMISSION 10 September 27, 1972 " The Honorable Common Council City of South Bend South Bend, Indiana 46601 In Re: An ordinance initiated by the Area Plan Commission to zone property in the area of South Ironwood, Inwood and the Retention Basin now unzoned to "A" Residential Gentlemen: The attached ordinance originated by the Area Plan Commission was legally advertised and then given a Public Hearing on June 21, 1972 at which time the following action was taken: "Upon motion made by Clarence R. Kelly, being seconded by Roger Parent and unanimously carried, this proposed ordinance by the Area Plan Commission is recommended favorably to the Common Council of the City of South Bend ". The deliberations of the Area Plan Commission and points considered.in arriving at the above decision are shown in excerpts of the minutes also attached This area was annexed by Ordinance No. 5009 -68, Circuit Court Cause No. D -7989. Very truly yours, Howard Bellinger, Executive Director HB:lad ft 11 Councilman Miller made a motion that the ordinance referred to in the report be set for public hearing on October 23, 1972, seconded by Councilman Taylor. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Council President Nemeth entertained a motion to waive the reading of the Committee of the Whole II report, so moved by Councilman Taylor, seconded by Councilman Kopczynski and unanimously carried. ORDINANCES, THIRD READING ORDINANCE NO. 5437 -72 AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had third reading. Councilman Miller made a motion that the ordinance pass as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Newburn). one abstention (Councilman Nemeth). ORDINANCE NO. 5438 -72 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO C. E. LEE COMPANY, INC. This ordinance had third reading. Councilman Parent moved that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5439 -72 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO INTERNATIONAL BAKERS SERVICES, INC. This ordinance had third reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5440 -72 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,500.00 FROM THE GENERAL FUND AND THE TRANSFER OF SAME TO ACCOUNT T -726 "OTHER EQUIPMENT" IN THE TRAFFIC DEPARTMENT BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance had third reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). 11 REGULAR MEETING OCTOBER 10, 1972 ORDINANCES, THIRD READING (CONTINUED) OREINANCE NO. 5441 -72 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 5403 -72 BY APPROPRIATING FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND $75,000.00 AS THE CITY OF SOUTH BEND'S SHARE FOR THE LOCAL ROADS AND STREETS PROJECT 47 AND 48. This ordinance had third reading. Councilman Serge made a motion that the ordinance be passed, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5442 -72 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 5413 -72 BY APPROPRIATING FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND $32,500.00 AS THE CITY OF SOUTH BEND'S "SHARE OF THE LOCAL ROADS AND STREETS PROJECT 49. This ordinance had third reading. Councilman Serge made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5443 -72 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,500.00 FROM THE GENERAL FUND TO ACCOUNT W -37 "OTHER SUPPLIES" IN THE RADIO DEPARTMENT BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance had third reading. Councilman Szymkowiak made a.motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5444 -72 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 third reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Miller. The ordinance passed by a roll call vote of six ayes (Council- men Serge, Miller, Parent, Kopczynski, Newburn and Nemeth) three nays (Councilmen Szymkowiak, Taylor and Horvath). ORDINANCE NO. 5445 -72 AN ORDINANCE PROVIDING FOR THE IMPROVEMENT OF NORTH IRONWOOD DRIVE FROM APPROXIMATELY TWO HUNDRED FEET SOUTH OF BADER TO CORBY BOULEVARD BY CONSTRUCTING A PUBLIC SIDEWALK. This ordinance had third reading. Councilman Serge made a motion that the ordinance pass, as amended. Councilman Taylor seconded the motion. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 332 -72 A RESOLUTION FOR TRANSFER OF FUNDS IN THE GENERAL PARK FUND - $2,000.00 -THE TRANSFER IS BEING MADE IN THE SAME BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. 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 Department of Public Parks to meet such extraordinary emergencies and WHEREAS, it has been ascertained that certain accounts in the Park General Fund 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 I. That the following account be reduced in the amount set opposite said account to -wit: Acct. No. Classification 52 Current Charges Item Amount Rents $2,000.00 SECTION 2. That the following account be increased in the amount set opposite said account to -wit: Acct. No. Classification 58 Current Charges Item Amount Taxes -Gross Income $2,000.00 That the transfer of funds as set forth in Sections 1 and 2 are required for the proper and efficient operation and function of the Department of Public Parks of South Bend and an extra- ordinary emergency 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 REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 332 -72 (CONTINUED) A public hearing was held on the resolution at this time. Mr. James Seitz, Superintendent of Parks, said that a letter of explanation had been sent to the Councilmen explaining the need for the transfer. The money is needed to pay gross income tax on money received for the sale of park land. The Park Department has received a $25,000 partial payment on land sold on Ireland Road and $5,800 for land in the Northwest corner of Potowatomi Park which was sold to I & M for a sub - station. In addition, there was an error made in computing the adjusted gross income tax and they now need $2,000. The transfer is being made from Rents and there is a balance in this account because they have been able to use equipment from other departments of the city rather than having to rent it. Councilman Miller moved for adoption of the resolution, seconded by Councilman Szymkowiak. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Councilman Miller made a motion that the rules be suspended and the next six resolutions be rear by title only since they are all Economic Development Resolutions and all similar and that the public hearings be held all at one time. Councilman Szymkowiak seconded the motion and it carried unanimously. RESOLUTION NO. 333 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST, JOSEPH COUNTY, INDIANA, IN THE MATTER OF J. E. WALZ, INC. OF SOUTH BEND, INDIANA WHEREAS, J. E. Walz, Inc. of South Bend has submitted its intention to the Economic Development Commission of South Bend, to construct a new commercial building on the site of 3423 South Michigan Street, in South Bend, Indiana and WHEREAS, the Economic Development Commission, pursuant to the statute, has found by written resolution that there exists insufficient employment opportunities and that the economic wel- fare of the City of South Bend, Indiana, would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to J. E. Walz, Inc. of South Bend, and WHEREAS, J. E. Walz, Inc. of South Bend has submitted a statement of public service to the above Ecoonomic Development Commission of the City of South Bend and said Commission has for- warded 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 J. E. Walz, Inc. of South Bend 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 Develop- ment 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 the land and 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, now the J. E. Walz, Inc. of South Bend, 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 the Mayor and by'its City Clerk and further desires to enter into a lease of not more than 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 J. E. Walz, Inc. of South Bend 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, Indiana, that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend School Corporation be accepted and approved, and THEREFORE, be it resolved that the South Bend City Common Council authorize the Economic Development Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, the J. E. Walz, Inc. of South Bend, in the nature of a conditional commitment to enter into a lease with the J. E. Walz, Inc. of South Bend, 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 Member, South Bend Common Council REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 333 -72 (CONTINUED) " REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES " Pursuant to the Municipal Economic Development Act of 1965 as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the construction of a building at 3423 South Michigan Street in South Bend, Indiana, the existing site of the former structure. The owner of this site is J. E. Walz, Inc. of South Bend. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks, schools, sewers, street lights, fire and police protection which would be made additionally necessary or desirable on account of the proposed facilities are none and the expenses therefore are none. (2) The total reconstruction cost of the proposed facility, including all necessary financial costs, will be in the amount of $300,000.00. (3) The number of jobs to be created by the proposed reconstruction will be a retention of their prior 40 employees, with-additional design, an approximate estimated additional 10 to 15 employees. The estimated annual payroll will be $250,000.00 to $300,000.00. The Walz operation has been in our community for sixty years. They are a landmark in merchandising operation and they serve, not only our community, but adjacent com- munities. Reconstruction of this building will enhance the area and assure the con- tinuation of a sound tax base. 11 Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: September 22, 1972 " Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of J. E. Walz, Inc. of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr. President, Economic Development Commission KGK /nt Enc. CC: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council Kenneth Fedder, Economic Development Commission Attorney John A. Walz, J. E. Walz, Inc. Charles Sweeney, Jr., South Bend City Attorney I Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: September 22, 1972 I Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of J. E. Walz, Inc. of South Bend. I would appreciate your immediate attention and indication of your approval. S incere ly, Karl G. King, Jr., President Economic Development Commission KGK /nt Encl. CC: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council Kenneth Fedder, Economic Development Commission Attorney John A. Walz, J. E. Walz, Inc. Charles Sweeney, Jr., South Bend City Attorney rr R m REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 333 -72 (CONTINUED) is September 25, 1972 " Mr. Karl King, President Economic-Development Commission of South Bend County -City Building South Bend, Indiana 46601 W Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the construction of a building at 3423 South Michigan Street in South Bend, Indiana, the existing site of the former structure of the J. E. Wa-lz, Inc., by that farm. The School Corporation does not consider that this project would cause any major changes in school enrollments nor bring any burden upon present school facilities. Sincerely, Aaron H. Huguenard, President Board of School Trustees AHH /mm n September 26, 1972 it Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Attention: Karl King, Jr., President In Re: J. E. Walz, Inc. of South Bend Dear Mr. King: The staff of the Area Plan Commission has reviewed the proposal for J. E. Walz. Inc. at 3423 South Michigan Street and find it to be consistent with the Comprehensive Development Plan for the South Bend area. The area in question is properly zoned. Very truly yours, Howard Bellinger, Executive Director HB;lad It M A public hearing was held on the resolution. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that J. E. Walz, Inc. a local business, suffered the loss of their building in a recent fire. They would like to reconstruct the building and are asking for approval of a bond issue of $300,000 to do this. The building would in no way affect any public facilities in the city. It would provide for an additional 10 to 15 employees. They have been in business in South Bend for 60 years and are a landmark in the area of merchandising. Councilman Parent made a motion 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). RESOLUTION NO. 334 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF K & F MANUFACTURING COMPANY, AN INDIANA PARTNERSHIP, OF SOUTH BEND, INDIANA. WHEREAS, K & F Manufacturing Company, an Indiana partnership, has submitted its intention to the Economic Development Commission of South Bend to purchase land and construct a new plant to be located in the Granger Industrial Park, St. Joseph County, Indiana. WHEREAS, the Economic Development Commission, pursuant to the Statute, has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to K & F Manufactur- ing Company, an Indiana partnership, and WHEREAS, K & F Manufacturing Company, an Indiana partnership has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said commis- sion 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 K & F Manufacturing Company, an Indiana partnership, 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 Develop- ment 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 the land and 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 REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 334 -72 (CONTINUED) WHEREAS, K & F Manufacturing Company, an Indiana partnership, seeks approximately $70,000.00 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 30 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 K & F Manufacturing Company, an Indiana partner- ship, 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, Indiana, that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend 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, K & F Manufacturing Company, an Indiana partnership, in the nature of a con- ditional commitment to enter into a lease with K & F Manufacturing Company, an Indiana partner- ship, 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/ Roger O. Parent Member, South Bend Common Council RERORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES Pursuant to the Municipal Economic Development Act of 1965 as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the proposed purchase of land and construction_ of a new plant to be located in the Granger Industrial Park, St. Joseph County, Indiana. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks, schools, sewers, street lights, fire and police protection which would be made additionally necessary or desirable on account of the proposed acquisition are none and the expenses therefore are none. (2) The total cost of the proposed facilities, including purchase of land will be in the amount of $70,000.00. (3) The total number of jobs to be created by the proposed facilities will be approximately fourteen, and the estimated annual payroll will be raised from $12,500.00 to $250,000.00 per year. This property is properly zoned and the required utilities are already available. A firm commitment letter to purchase the bonds has been received by the Commission from a local institution. Since this property is located in the County, we are working in conjunction with the St. Joseph County Council. A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT RESOLUTION NO. 15 -72 WHEREAS: St. Joseph County is still experiencing a high unemployment situation and WHEREAS: By virtue of the need for additional industrial and economic development, and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Commission that because of insufficient employment opportunities and insufficient diversification of industry, the economic welfare of the county would be benefited by approving the application of K & F Manufacturing Co., Inc. for the proposed purchase of land and construction of a new plant in the Granger Industrial Park, St. Joseph County, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 22ND DAY OF SEPTEMBER, 1972. ISI President Karl G. King, Jr. /SI Vice President Fred Craven /S/ Secretary Walter Mucha REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 334 -72 (CONTINUED) September 26, 1972 Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana 46601 Dear Mr. Miles: Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of K & F Manufacturing Company of South Bend, an Indiana partnership. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:bgr CC: Mr. Jerry J. Miller, Mayor, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, City Attorney of South Bend Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Rudy Fermi, K & F Manufacturing Company Mr. Alex Kocsis, K & F Manufacturing Company " September 26, 1972 " Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr Huguenard: Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of K & F Manufacturing Company of South Bend an Indiana partnership. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:agk CC: Mr. Jerry J. Miller, Mayor, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, City Attorney of South Bend Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Rudy Fermi, K & F Manufacturing Company Mr. Alex Kocsis, K & F Manufacturing Company September 27, 1972 Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 ATTENTION: Karl King, Jr., President IN RE: K & F Manufacturing, Granger Industrial Park Dear Mr. King: The Staff of the Area Plan Commission has reviewed the proposed for the K & F Manufacturing in the Granger Industrial Park and finds it to be consistent with the Comprehensive Development Plan for the South Bend area. The area in question is properly zoned. Very truly yours, Howard Bellinger, Executive Director HB:lad 11 REGULAR MFFTTN(s OCTOBER 10, 1972 RESOLUTION NO. 334 -72 (CONTINUED) it September 28, 1972 Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the proposed purchase of land and construction of a new plant to be located in the Granger Industrial Park, St. Joseph County, Indiana by the K & F Manufacturing Company of South Bend an Indiana partnership.. 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 H. Huguenard, President Board of School Trustees AHH /mm 11 W A public hearing was held on the resolution. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that this resolution is in regard to construction of a new plant in the Granger Industrial Park by K & F Manufacturing Company. This construction will not affect streets, sewers, or fire protection in the county. They plan to spend $70,000 on the project and will have a firm commitment from a bank to purchase the bonds. The project will have an additional payroll of from $125,000 to $250,000 per year. Councilman Taylor made a motion for adoption of the resolution, seconded by Councilman Horvath. 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. 335 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF A. H. CHOITZ-& COMPANY, INC. OF SOUTH BEND, INDIANA. WHEREAS, A. H. Choitz & Company, Inc., has submitted its intention to the Economic Development Commission of South Bend to construct a new commercial facility on State Road #2 West of Pine Road, in St. Joseph County, Indiana. WHEREAS, the Economic Development Commission, pursuant to the statute, has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to A. H. Choitz & Company, Inc,, and WHEREAS, A. H. Choitz & 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 A. H. Choitz & Company, Inc. and the Economic Devel- opment 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 the land and 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, A. H. Choitz & Company, 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 of 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 A. H. Choitz & Company, 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, Indiana that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend Indiana, that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend School Corporation be accepted and approved, and THEREFORE BE IT RESOLVED THAT THE SOUTH BEND CITY COUNCIL authorize the Economic'Development Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, A. H. Choitz & Company, Inc., in the nature of a conditional commitment to enter into a lease with A. H. Choitz & Company, Inc., and REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 335 -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. Q /s/ Roger O. Parent Member, South Bend City Common Council 11 REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES Pursuant to the Municipal Economic Development Act of 1965 as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the proposed construction of a new plant on State Road #2, just west of Pine Road, in St Joseph County Indiana. This land is owned by A. H. Choitz & Co., Inc. of South Bend, Indiana. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks schools. sewers, street lights, fire and police protection which would be made additionally necessary or desirable on account of the proposed acquisition are none and the expenses therefore are none. (2) The total project cost of the proposed facilities, including all necessary financial costs, will be $300,000.00. (3) The number of jobs created by the proposed construction would be approximately 15 new employees with an estimated annual payroll increase of $171,000.00. This is an expansion program of a well known operation in the community, and since this property is located in the County, we are working in conjunction with the St. Joseph County Council. A firm commitment letter to purchase the bonds has been received by the Commission from a local institution. Proposed building plans have already been put together. 11 11 Ou I LL A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT RESOLUTION NO. 20 -72 WHEREAS: St. Joseph County is still experiencing a high unemployment situation, and WHEREAS: By virtue of the need for additional industrial and economic development, and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Commission that because of insufficient employment opportunities and insufficient diversification of industry, the economic welfare of the county would benefited by approving the application of A. H. Choitz & Co., Inc. of South Bend, Indiana, for the proposed construction of a new facility on State Road #2, St. Joseph County, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 22nd DAY OF SEPTEMBER, 1972. /s/ President, Karl G. King, Jr. /s/ Vice President, Fred Craven /s/ Sccretary, Walter Mucha September 26, 1972 Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr Huguenard: Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of A. H. Choitz & Company of South Bend an Indiana Partnership. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:agk CC: Mr. Jerry J. Miller, Mayor, City of South Bend Mr Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, South Bend City Attorney Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. A. H. Choitz, President, A. H. Choitz & Company It T I1 m REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 335 -72 (CONTINUED) m September 26, 1972 " Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana 46601 Dear Mr. Miles: Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of A. H. Choitz & Company of South Bend, an Indiana Partnership. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:bgr CC: Mr. Jerry J. Miller, Mayor, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, South Bend City Attorney Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. A. H. Choitz, President, A. H. Choitz & Company it it It 11 September 27, 1972 Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Attention: Karl King, Jr., President In Re: Land owned by A. H. Choitz & Co. on State Road #2, West of Pine Road Dear Mr. King: The Staff of the Area Plan Commission has reviewed the proposal for the land owned by A. H. Choitz & Co. on State Road #2 and finds to be consistent with the Comprehensive Development Plan for the South Bend area. The area in question is properly zoned. Very truly yours, Howard Bellinger, Executive Director September 28, 1972 Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the proposed construction of anew plant on State Road #2, just west of Pine Road, in St. Joseph County Indiana. This land is owned by A. H. Choitz & Co. Inc. of South Bend, Indiana. The application is from A. H. Choitz & Company of South Bend, an Indiana partnership. 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 H. Huguenard, President Board of School Trustees AHH /mm it ID A public hearing was held on the resolution. Mr. Kenneth Fedder, Attorney for the Economic Devel opment Commission, said that this involves a new plant on State Road 2, West of Pine Road. The total project cost will be $300,000 and it will involve 15 additional employees and $170,000 additional payroll. No additional public facilities will be required. The Commission is working with the County Council on this and building plans have been submitted. Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 336 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF RAEL BROWN, ET AL, AN INDIANA PARTNERSHIP, OF SOUTH BEND, INDIANA. WHEREAS, Rael Brown, et al, an Indiana partnershipt has submitted its intention to the Economic Development Commission of South Bend to construct a one - story building located at 208 -210 South Michigan Street, within the City of South Bend, Indiana. WHEREAS, the Economic Development Commission, pursuant to the Statute, has found by written resolution-that there exists insufficient employment opportunities and that the economic welfare, of the City of South Bend, Indiana, would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to Rael Brown, et al,l an Indiana partnership, and WHEREAS, Rael Brown, et al, an Indiana partnership, 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 Rael Brown, et al, an Indiana partnership, 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 com- ments 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 the land and 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 an( WHEREAS, Rael Brown, et al, an Indiana partnership, seeks approximately $120,000.00 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 30 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 Rael Brown, et al, an Indiana partnership, 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, Indiana that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend School Corporation be accepted and approved, and THEREFORE, be it resolved that the South Bend City Common Council authorize the Economic Development Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, Rael Brown, et al, an Indiana partnership, in the nature of a conditional commitment to enter into a lease with Rael Brown, et al, an Indiana partnership, 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. LL /s/ Roger O. Parent Member of the South Bend Common Council m REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES Pursuant to the Municipal Economic Development Act of 1965 as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the proposed construction of a one story building at 208 -210 South Michigan Street, South Bend, Indiana. The owners of said property are Rael Brown, Marilyn Brown, Beatrice Lucille Nevel and Shirley Babette Waks. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks, schools, sewers, street lights, fire and police protection which would be made additionally necessary or desirable on account of the proposed facilities are none and the expenses therefore are none. (2) The total project cost of the proposed facilities, including all necessary financial costs, will be in the amount of $120,000.00 (3) The number of jobs to be created by the proposed facilities is estimated in a range from five to twenty, and the estimated annual payroll will be $125,000.00. Preliminary plans have been prepared by a local architectural firm and are presently with the Redevelopment Commission for their review. A firm bank commitment has been REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 336 -72 (CONTINUED) I, received by the Economic Development Commission. The construction of this new 11 building will be in compliance with R -66, the plan for the redevelopment of South Bend, will be a fine improvement to the downtown area, and will assure the con- tinuation of a sound tax base. I 11 A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT RESOLUTION NO. 16 -72 WHEREAS: The City of South Bend is still experiencing a high unemployment situation, and WHEREAS: By virtue,of the need for additional industrial and economic development, and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Commission that because of insufficient employment opportunities and insufficient diversification of industry, the economic welfare of the city would be benefited by approving the application of Rael Brown, et al for the proposed construction of a one story building at 208 -210 South Michigan Street, South Bend, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND THIS 22ND DAY OF SEPTEMBER, 1972. /s/ President, Karl King, Jr. /s/ Vice President, Fred Craven /s/ Secretary, Walter Mucha it it to It September 26, 1972 Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Rael Brown, et al of South Bend an I.ndiana Partnership. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:bgr CC: Mr. Jerry J. Miller, Mayor, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, South Bend City Attorney Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Frederick K. Baer, Attorney It if It September 26, 1972 to Mr. Aaron H. Huguenard, President, Board of Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: Pursuant to the Municipal. Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Rael Brown, et al of South Bend an Indiana partnership. I would appreciate your immediate.attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:agk CC: Mr. Jerry J. Miller Mayor, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, South Bend City Attorney Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Frederick K. Baer, Attorney REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 336 -72 (CONTINUED) m Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Attention: Karl King, Jr., President In Re: 208 -210 South Michigan Street Dear Mr. King: September 27, 1972" The Staff of the Area Plan Commission has reviewed the proposal for the property at 208 -210 South Michigan Street, owned by Rael Brown, et al, and find it to be consistent with the Central Downtown Urban Renewal Project and the Area Wide Comprehensive Plan for Community Development. The property in question is properly zoned. Very truly yours, HB:lad Howard Bellinger, Executive Director It Mr. Karl King, President September 28, 1972 Economic Development Commission of South Bend County -City Building South Bend, Indiana Dear Mr. King: m The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the proposed construction of a one story building at 208 -210 South Michigan Street. The owners of said property are Rael Brown, Marilyn Brown, Beatrice Lucille Nevel and Shirley Babett Waks. 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. AHH /mm It Sincerely, Aaron H. Huguenard, President Board of School Trustees I A public hearing was held on the resolution. Mr. Kenneth Fedder, Attorney for the Economic Development Commission explained that this resolution involves the construction of a one story building at 208 South Michigan Street. The amount involved is $120,000 and it would involve no additional public facilities. The operation will involve from five to twenty employees with an annual payroll of $125,000. They have a firm commitment from a local bank to purchase the bonds. The project complies with the R -66 Urban Renewal Downtown Plan and will add to the tax base. Councilman Miller made a motion 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). RESOLUTION NO. 337 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF HOFFMAN BROS. SALES AND SERVICE, INC., AND /OR AUTO ELECTRIC WAREHOUSING, INC. OF SOUTH BEND, INDIANA. WHEREAS, Hoffman Bros. Sales & Service, Inc. and /or Auto Electric Warehousing, Inc. has sub- mitted its intention to the Economic Development Commission of South Bend to construct a building on the premises located at 1110 East Madison Street, within the City of South Bend, Indiana. WHEREAS, the Economic Development Commission, pursuant to the Statute, has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to Hoffman Bros. Sales & Service, Inc. and /or Auto Electric Warehousing, Inc., and WHEREAS, Hoffman Btos. Sales & Service, Inc., and /or Auto Electric Warehousing, Inc., has sub- mitted 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 Hoffman Bros. Sales & Service, Inc., and /or Auto Electric Warehousing, 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 OCTOBER 10, 1972 REGULAR MEETING, u RESOLUTION NO. 337 -72 (CONTINUED) of the cost of the land and 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, Hoffman Bros. Sales & Service, Inc., and /or Auto Electric Warehousing, Inc., seeks approximately $110,000.00 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 20 years duration to be known as a net net net lease suf- ficient 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 Hoffman Bros. Sales & Service, Inc. and /or Auto Electric Warehousing, 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, Indiana, that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend 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, Hofman Bros. Sales & Service, Inc., and /or Auto Electric Warehousing, Inc., in the nature of a conditional commitment to enter into a lease with Hoffman Bros. Sales & Service, Inc., and /or Auto Electric Warehousing, 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. I /s/ Roger O. Parent Member of South Bend City Council I A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT RESOLUTION NO. 19 -72 WHEREAS: The City of South Bend is still experiencing a high unemployment situation, and WHEREAS: By virtue of the need for additional industrial and economic development, and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Commission that because of insufficient diversification of industry, the economic welfare of the city would be benefited by approving the application of Auto Electric Warehousing, Inc. of South Bend for the construction of a facility at 1110 East Madison Street, South Bend, Indiana. LU THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 22ND DAY OF SEPTEMBER, 1972. /s/ President Karl G. King, Jr. /s/ Vice President Fred Craven /s/ Secretary Walter Mucha it REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES I Pursuant to the Municipal Economic Development Act of 1965 as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the proposed construction on land located at 1110 East Madison Street, South Bend, Indiana. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks, schools sewers, street lights, fire and police protection which would be made additionally necessary or desirable on account of the proposed acquisition are none and the expenses therefore are none. (2) The total project cost of the proposed facilities, including all necessary financial costs, will be $110,000.00. (3) The number of jobs to be created by the proposed acquisition will be approximately 7 to 10, with an estimated payroll increase from $105,000.00 to $150,000.00. This land is properly zoned and the construction of the additional facility to the existing plant will be in conformity with the area and will provide an increase in the tax base. A firm commitment letter to purchase the bonds has been received by the Commission from a local institution. REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 337 -72 (CONTINUED) m September 26, 1972 " Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Auto Electric Warehousing, Inc. of South Bend an Indiana partnership. I would appreciate your immediate attention and indication of your approval. KGK:bgr CC: Mr. Mr. Mr. Mr. Mr. If I Sincerely, Karl G. King, Jr., President Economic Development Commission Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council Charles Sweeney, South Bend City Attorney Kenneth Fedder, Economic Development Commission Attorney Leo Hoffman, Auto Electric Warehousing, Inc. Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: u September 26, 1972 It Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Auto Electric Warehousing, Inc. of South Bend an Indiana partnership. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:agk cc: Mr. Jerry J. Miller, City of South Bend, Mayor Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, South Bend City Attorney Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Leo Hoffman, Auto Electric Warehousing, Inc. It September 27, 1972 Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Attention: Karl King, Jr. President In Re: Auto Electric Warehousing, Inc., 1110 East Madison Dear Mr. King: The Staff of the Area Plan Commission has reviewed the proposal for Auto Electric Warehousing, Inc, at 1110 East Madison and finds it to be consistent with the Comprehensive Development Plan for the South Bend area. The area in question is properly zoned. Very truly yours, Howard Bellinger, Executive Director HB:lad of W REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 337 -72 (CONTINUED) September 28, 1972 " Mr. Karl King, President Economic Development Commission County -City Building South Bend, Indiana Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the proposed construction on land located at 1110 East Madison Street, South Bend, Indiana, an additional facility of the Auto Electric Warehousing, Inc. of South Bend, Indiana. 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 H. Huguenard, President Board of School Trustees AHH /mm 11 A public hearing was held on the resolution. Mr. Kenneth Fedder, Attorney for the Economic De- velopment Commission, explained that this is for proposed construction of an addition to an existing.structure at 1110 E. Madison Street. The request is for $110,000 and the expansion will provide for 10 new employees and additional payroll. It will require no additional public facilities. The new construction will be inconformity with the existing structure. Councilman Kopczynski made a motion that the resolution be adopted, seconded by Councilman Horvath. 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. 338 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF AUTOMATIC MOLDED PLASTICS, INC.. OF SOUTH BEND, INDIANA. WHEREAS, Automatic Molded Plastics, Inc., has submitted its intention to the Economic Development Commission of South Bend to acquire real estate and construct a building thereon in the Airport Industrial Park -Phase I, in St. Joseph County, Indiana. WHEREAS, the Economic Development Commission, pursuant to the Statute, has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana would be benefited and the purpose of the statute, would be accomplished by the acquisition and leasing of the above described property to Automatic Molded Plastics, Inc. and WHEREAS, Automatic Molded Plastics, 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 Automatic Molded Plastics and the Economic Develop- ment 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 the land and 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 an WHEREAS, Automatic Molded Plastics, Inc., seeks approximately $850,000.00 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 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 Automatic Molded Plastics, 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, Indiana, that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend 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, Automatic Molded Plastics, Inc., in the nature of a conditional commitment to enter into a lease with Automatic Molded Plastics, Inc., and REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 338 -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. /s/ Roger 0. Parent Member of the South Bend Common Council " A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT " RESOLUTION NO. 21 -72 WHEREAS: The City of South Bend is still experiencing a high unemployment situation, and WHEREAS: By virtue of the need for additional industrial and economic development, and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Commission that because of insufficient employment opportunities and insufficient diversification of industry, the economic welfare of the city would be benefited by approving the application of Automatic Molded Plastics, Inc. for the land acquisition and construction of a building in the Airport Industrial Park - Phase I, South Bend, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA THIS 22ND DAY OF SEPTEMBER, 1972. /s/ President Karl G. King, Jr. Vice President Fred Craven Secretary Walter Mucha REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES Pursuant to the Municipal Economic Development Act of 1965 as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the proposed construction of a building and land acquisition in the Airport Industrial Park - Phase I by Automatic Molded Plastics, Inc. of South Bend, Indiana. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks, schools, sewers, street lights, fire and police protection which would be made additionally necessary or desirable on account of the proposed acquisition are none and the expenses therefore are none. (2) The total project cost of the proposed facilities will be approximately $850,000.00 which will cover purchase of real estate and construction of a building thereon and equipment therein. (3) The number of jobs to be created by the proposed facility would be upwards of 40 new people. The estimated annual payroll would increase from $350,000 to $500,000. This is an established business in our community in the plastics field. This proposed facility will increase the tax base and require utilization of our local construction industry to build the facility. 11 11 " September 26, 1972 Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr Huguenard: Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Automatic Molded Plastics, Inc. of South Bend an Indiana Partnership. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:agk CC: Mr. Jerry J. Miller, Mayor, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, South Bend City Attorney Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Hugh Silberman, President m 11 It REGULAR MEETING OCTOBER 10, 1972 RESOLUTION NO. 338 -72 (CONTINUED) „Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: September 26, 1972 If Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Automatic Molded Plastics, Inc. of South Bend an Indiana partnership. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:bgr CC: Mr. Jerry J. Miller, Mayor, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, South Bend City Attorney Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Hugh H. Silberman, President September 28, 1972 Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the construction of a building and land acquisition in the Airport Industrial Park - Phase I by Automatic Molded Plastics, Inc. of South Bend, Indiana. 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 H. Huguenard, President Board of School Trustees AHH /mm to n September 27, 1972 Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Attention: Karl King, Jr., President In Re: Automatic Molded Plastics, Inc., Airport Industrial Park - Phase I Dear Mr. King: Please be advised the Staff of the Area Plan Commission has reviewed the proposal for the Automatic Molded Plastics, Inc. in the Airport Industrial Park and find it to be consistent with the Comprehensive Development Plan for the South Bend area. The area is properly zoned. Very truly yours, Howard Bellinger, Executive Director HB:lad In A public hearing was held on the resolution. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that this resolution is for land acquisition and construction in the Airport Industrial Park The amount of the bonds is $850,000. The number of jobs created would be 40 and the annual payroll would increase from $350,000 to $500,000. This is an estab- lished business in our community in the plastics field. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Horvath. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING OCTOBER 10, 1972 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO J. E. WALZ, INC. OF SOUTH BEND, INDIANA. This Ordinance had first reading by title and second reading in full. Councilman Miller made a motion that the rules be suspended and the public hearing and third reading be held at this time. Councilman Parent seconded the motion and it carried unanimously. Mr. Kenneth Fodder, Attorney for the Economic Development Commission, explained that this ordinance approves the lease and trust indenture and sale of bonds for the J. E. Walz Company rebuilding. They have a commitment from the Valley Bank and Trust Company of Mishawaka to purchase the bonds. This could in no way become a liability for the City of South Bend. The property will remain on the tax rolls and the project will be of benefit to the City of South Bend. The ordinance had third reading. Councilman Szymkowiak made a motion that the ordinance be passed, seconded by Councilman Taylor. 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 AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (Ironwood- Inwood Retention Basin) This ordinance had first reading. Councilman Miller objected to the second reading'at this time and moved that second reading, public hearing and third reading be set for October 23, 1972. Councilman Taylor seconded the motion and it carried. ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18343 State Road 23) This Ordinance had first reading by title. Councilman Miller objected to 2nd'reading and made a motion that the ordinance be referred to the Area Plan Commission for their recommendation. Councilman Parent seconded the motion and it carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER TWO "ADMINISTRATION" OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This Ordinance had first reading. Councilman Miller.objected to the second reading at this time and moved that the ordinance be set for second reading, public hearing and third reading on October 23, 1972. Councilman Parent seconded the motion and it carried. ORDINANCE AN ORDINANCE TRANSFERRING FUNDS IN THE TOTAL AMOUNT OF $11,500.00 FROM VARIOUS ACCOUNTS WITHIN THE MUNICIPAL SERVICES FACILITY BUDGET TO VARIOUS OTHER ACCOUNTS IN SAME MUNICIPAL SERVICES FACILITY BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance had first reading. Councilman Miller objected to the second reading at this time and moved that second reading, public hearing and third reading on the ordinance be set for October 23, 1972. Councilman Kopczynski seconded the motion and it carried. ORDINANCE AN ORDINANCE TRANSFERRING $1,660.00 FROM ACCOUNT 11 "OTHER COMPENSATION" TO ACCOUNT 252 "REPAIR OF PARTS" BOTH ACCOUNTS BEING WITHIN THE PARKING METER FUND. This Ordinance had first reading by title and second reading in full. Councilman Taylor moved for suspension of the rules to allow public hearing and third reading on the ordinance at this time. The motion was seconded by Councilman Kopczynski and carried unanimously. Mr. James Barcome, City Controller, said that this transfer was necessary because of the reconversion of the parking meter heads from nickles to dimes. They have completed the work now and are in need of the fund transfer to pay the bill. Miss Guthrie asked Mr. Barcome if they did not appropriate enough money. Mr. Barcome said that they did not know what the exact cost of the conversion would be. The ordinance had third reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). There being no further business, unfinished or new to come before the Council, Councilman Parent made a motion to adjourn, seconded by Councilman Taylor. The motion carried and the meeting adjourned at 12:55 a.m. ATTEST: CITY + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +