07-13-92 Zoning & Vacation - Laserfiche WebLink

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t I Zoning and Vacation Committee July 13, 1992 Page 3 Council Member Coleman questioned Mr. Klockow with regard to use of the alley. Mr. Klockow noted that he had not used the alley until recently for vehicular use. In light of the lateness of the hour and the other Bills to be heard, Council Member Washington made a motion seconded by Council Member Slavinskas that discussion on this Bill be continued after the other Bills set for public hearing before the Committee. The motion passed. The Committee then reviewed Bill No. 49-92 which would vacate the property located in Cottrell First Addition. Mr. Richard Morgan, the attorney for the South Bend Medical Clinic provided a map of the proposed alley vacation. (copy attached). It was noted that the Bill received a favorable recommendation from the Area Plan Commission. Council member Ladewski noted that he had discussed this matter with the City Council Attorney and because of his employment with the South Bend Clinic that he would be obstaining from formal action on the proposed vacation. Following further discussion, Council Member Puzzello made a motion, seconded by Council Member Coleman that Substitute Bill No. 49-92 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 44-92 which would amend Chapter 21 of the Municipal Code addressing Zoning. Mr. John Byroni of the Area Plan Staff made the presentation. He noted that this Bill would amend the "A-3" mixed use multi-family residential and commercial district by including designations addressing "clubs". Mary Hall Mueller of the City Attorney's Office spoke in favor of the Bill. Mr. Byorni noted that this Bill received a favorable recommendation from the Area Plan Commission at is meeting of June 16, 1992. Following further discussion, Council Member Coleman made a motion seconded by Council Member Puzzello that Bill No. 44-92 be recommended favorably to Council . The Motion passed. The Committee then returned to Bill No. 43-92 and continued discussion on the proposed vacation. Council Member Washington voiced concern over the legal issues raised and the threat of litigation made by Mr. Cook. The Council Attorney recommended that all of the issues should be properly researched and that the Bill be reviewed in light of the applicable state law located at Indiana Code Section 36-7-3-12, and those sections following that particular section, as well as South Bend Municipal Code Section 18-53.8. Council Member Washington made a motion, seconded by Council Member Coleman,that the Committee make no formal recommendation pending further update and that it be continued at the regular meeting of the Common Council. The motion passed. There being no further issues to come before the Committee, the meeting was adjourned at 5:35 p.m. Respectfully submitted, Council Member Lee Slavinskas Chairperson Zoning and Vacation Committee