04-12-04 Council Meeting Minutes

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REGULAR MEETING APRIL 12, 2004 Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends the 2nd substitute bill as further amended in the Area Plan Commission,to the full council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, made the presentation for this bill. Mr. Myers advised that the Area Plan Commission at its meeting on Tuesday, March 16, 2004, approved the amendments made by the Common Council to the proposed Ordinance and further recommended to the Common Council that additional amendments were made and approved by the Area Plan Commission. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given the opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion to accept the 2nd substitute bill as further amended in the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kuspa made a motion for favorable recommendation to full Council concerning this 2nd substitute bill as further amended in the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight(8) ayes. BILL NO. 20-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE FROM MAIN STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET BEING A PART OF MARTIN'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee reported that this committee held a Public Hearing on this amended bill this afternoon and voted to send it to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand read into the record that Old Section V, should be renumbered to Section VI and new Section V reads as follows: This ordinance shall be subject to a cross-easement agreement addressing ingress and engress to the petitioner's property which is acceptable to the City's Department of Public Works and the U.S. Marshall's Office. Said easement shall be recorded by the Petitioner at their expense. A copy of said easement shall also be filed with the Office of the City Clerk. Councilmember Kelly made a motion to accept the amendments. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Owen Rock, Assistant Director, Economic.Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Rock informed the Council that the purpose of the alley vacation is to assemble a continuous parcel of land for a proposed new office building and parking structure in the Downtown. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. -6-