10-22-01 Council Meeting Minutes

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REGULAR MEETING OCTOBER 22, 2001 Councilmember Coleman made a motion to continue this bill until the November 12, 2001 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 96 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF SAMPLE STREET TO THE SOUTH RIGHT OF WAY LINE OF TUTT STREET FOR A DISTANCE OF 278 FEET MORE OR LESS AND A WIDTH OF 14 FEET. BEING A PART OF THE GARST 1sT ADDITION TO THE CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. He also noted that the Board of Public Works has also submitted a favorable recommendation concerning- this vacation. Ms. Diane M. Ernsberger, 822 South Lafayette Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Ernsberger stated that she has asked that this alley be vacated because of the problem of traffic and for the pedestrians in the area. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Coleman stated that Ms. Ernsberger's establishment has been in business for a number of years and seems to do well at this location. He further stated that if this vacation will assist her, he would be happy to make a motion that this bill go favorably to full Council. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 93 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO AMEND CERTAIN PROVISIONS OF THE EXISTING PROPERTY MAINTENANCE CODE AND TO PROVIDE FOR DIRECTION FROM THE BOARD OF PUBLIC WORKS Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Varner advised that the Board of Public Works has also spoken in favor of this vacation. Ms. Ann Carol Nash, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Nash stated that this bill designates the Board of Public Works as the body which would establish performance bonds and processing expenses with respect to work performed under the Unsafe Building Act. It also enhances the provisions for privacy concerns that are in residential dwellings. She noted that they have had an opportunity to discuss this matter with the Board of -2-