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REGULAR MEETING NOVEMBER 22, 1999 <br />BILL NO. 89 -99 A BILL TO VACATE DAYTON STREET FROM THE <br />WEST RIGHT -OF -WAY OF MIAMI TO THE EAST <br />RIGHT -OF -WAY OF DALE STREET FOR A DISTANCE <br />OF APPROXIMATELY 400 FEET AND A WIDTH OF 60 <br />FEET <br />Councilmember Varner reported that the Public Works and Property Vacation Committee met on <br />this bill and sends it to the Council with a favorable recommendation. <br />Council Attorney Kathleen Cekanski - Farrand advised that Section 5 of the bill should be amended <br />to read as follows: <br />Section 5. This ordinance shall be in full force and effect from and after its passage by the <br />Common Council, approval by the Mayor, and recording of an Easement Agreement <br />acceptable to the City of South Bend. <br />Therefore, Council President Coleman made a motion to amend the bill as outlined above. <br />Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. <br />Mr. William E. Coleman, Jr., Mathews, Purucker, Anella, Inc., 218 South Frances Street, South <br />Bend, Indiana, made the presentation for this bill on behalf of the Petitioners, Diocese of Fort <br />Wayne, The Most Rev. Daniel R. Jenky, Rector and Auxiliary Bishop, Cathedral of Saint Matthew, <br />1701 Miami Street, South Bend, Indiana. <br />Mr. Coleman advised the Council that the Cathedral of Saint Matthews desires to expand their <br />— -i facilities and are in the process of developing plans. It has been determined that it is a logical choice <br />to expand to the south. They are asking that the street be vacated in order to achieve the maximum <br />flexibility to the project. He noted that the Diocese owns properties on both sides of the street and <br />will utilize some property for the development of additional off street parking. <br />This being the time heretofore set for the Public Hearing on the above bill, proponents and <br />opponents were given an opportunity to be heard. <br />Mr. Kenneth Kuespert, Evangelical Lutheran Church, no address given, asked one question of the <br />Council concerning the one hundred and fifty foot (150) radius requirement and what does it mean <br />to them. He noted that they are in favor of the vacation as it will enhance the neighborhood. <br />Councilmember Pfeifer informed Mr. Kuespert that pursuant to City ordinance all property owners <br />within one hundred fifty feet (150') of the proposed vacation must be notified of the Council's Public <br />Hearing and that is why they were notified. <br />There was no one else wishing to speak to the Council either in favor of or in opposition to this bill. <br />Council President Coleman made a motion for favorable recommendation to full Council concerning <br />this bill as amended. Councilmember Kelly seconded the motion which carried by a voice vote of <br />nine (9) ayes. <br />BILL NO. 90 -99 A BILL AMENDING THE ZONING ORDINANCE, AND <br />ESTABLISHING AN HISTORIC LANDMARK FOR THE <br />PROPERTY LOCATED AT 312 DONMOYER, IN THE <br />CITY OF SOUTH BEND, INDIANA <br />Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill and <br />sends it to the Council with a favorable recommendation. <br />Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President, Historic Preservation <br />Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the <br />