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REGULAR MEETING JUNE 23, 1980
<br />REGULAR MEETING RECONVENED (CONTINUED
<br />On November 15, 1979, the Common Council of the City of South Bend
<br />enacted Ord -nance No. 6667 -79, amending the South Bend Zoning
<br />Ordinance to classify the property commonly known as the Bendix
<br />Estate as an area zoned for "B" Residential, "B" Height and Area
<br />use.
<br />As you most certainly are aware, residents in the vicinity of the
<br />Bendix Estate have filed suit in the St. Joseph Superior Court
<br />challenging the rezoning of this property (E. Blair Warner, et al
<br />v. City of South Bend, et al, in the St. Joseph Superior Court,
<br />Cause No. K- 7557). At the present time, therehas been no final
<br />judgment by the St. Joseph Superior Court ruling on the validity
<br />of the rezoning of this property.
<br />In view of this fact, we find no legal impediment to your obtaining
<br />a permit for construction on the Bendix Estate property in accordance
<br />with the zoning classification adopted by the South Bend Common
<br />Council on November 15, 1979. We will advise the Building Commissioner
<br />of the City of South Bend that you may obtain a building permit for
<br />construction in accordance with the zoning classification now in effect
<br />for this property.
<br />I hope this letter serves the purpose which you have intended for its
<br />use. Of course, if I can be of further assistance to you in any regard,
<br />please feel free to contact me.
<br />Very truly yours,
<br />/s /Roger 0. Parent
<br />Richard Bonewitz, attorney representing four neighbors of this property, asked that the matter
<br />be delayed until after a judgement had been made in the Court on their suit. Council Member
<br />Dombrowski made a motion to table this resolution, seconded by Council Member Beck. The
<br />motion failed on a roll call vote of four ayes and five nays (Council Members Serge, Szymkowiak,
<br />Crone, Voorde and McGann.) Council Member Serge made a motion to adopt the resolution, seconded
<br />by Council Member Szymkowiak. The resolution was adopted by a roll call vote of five ayes and
<br />four nays (Council Members Beck, Taylor, Kopczynski and Dombrowski.)
<br />RESOLUTION
<br />A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN
<br />AGREEMENT WITH CARTER LUMBER COMPANY OF INDIANA, INC.,
<br />RELATING TO THE FINANCING OF ECONOMIC DEVELOPMENT FACILITIES.
<br />A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the
<br />Economic Development Commission, introduced Mr. Jim Kuehl, attorney for Carter Lumber Company.
<br />Mr. Kuehl indicated that a new facility would be constructed on U.S. 20 at McKinley and Apple
<br />Road. He said it was anticipated that 25 new jobs would be created. Mr. William Holder,
<br />Corporate Counsel, from Arkron, Ohio, indicated that Carter was an Indiana corporation with
<br />200 locations in ten states. Mr. Richard Morgan, attorney representing 12 retail lumber and
<br />building suppliers that are remonstrating against this resolution, read the following letter
<br />into the record:
<br />Common Council
<br />City of South Bend
<br />% Irene Gammon, City Clerk
<br />4th Floor, County City Building
<br />South Bend, Indiana 46601
<br />Re: Inducement Resolution of Carter Lumber
<br />Company of Indiana, Inc. seeking issuance
<br />of City of South Bend Economic Development
<br />Revenue Bonds
<br />Gentlemen:
<br />This is to supplement the verbal presentation made by the undersigned during your meeting
<br />conducted this 23rd day of June, 1980. Attached to this letter is a copy of the three -page
<br />letter filed with the South Bend Economic Development Commission on June 20, 1980 by Twelve
<br />(12) building suppliers located within St. Joseph County Indiana objecting to the Economic
<br />Development Revenue Bond Application filed on behalf of Carter Lumber Company of Indiana, Inc.
<br />It is requesting that the attached letter become a part of the record of proceedings of the
<br />Council on this application.
<br />Thornburg, McGill, Deahl,
<br />Harman, Carey & Murray
<br />/s /Richard W. Morgan
<br />
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