03-25-96 Council Meeting Minutes

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REGULAR MEETING MARCH 25, 1996 TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND ALSO BEING A PART OF LOT 8 AS SHOWN ON THE RECORDED PLAT OF SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL IN BOOK 1, PAGE 53 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE AND THE SOUTH RIGHT OF WAY LINE OF THE FIRST EAST /WEST ALLEY SOUTH OF SOUTH BEND AVENUE; THENCE EAST ALONG SAID SOUTH LINE OF THE EAST /WEST ALLEY TO A POINT 20 FEET WEST OF THE INTERSECTION OF SAID SOUTH LINE OF THE EAST /WEST ALLEY AND THE WEST LINE OF THE FIRST NORTH /SOUTH ALLEY EAST OF NOTRE DAME AVENUE; THENCE NORTH TO THE NORTH LINE OF SAID EAST /WEST ALLEY; THENCE WEST ALONG SAID NORTH LINE OF THE EAST /WEST ALLEY TO THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTH TO THE PLACE OF BEGINNING. THE EAST /WEST ALLEY DESCRIBED WAS CREATED BY THE BOARD OF PUBLIC WORKS CONDEMNATION RESOLUTION NUMBER 13 DATED MAY 6, 1904 Tom Keller, attorney for the petitioner, asked that this matter be continued until April 15. He said they realize they would be waiving their rights to have a public hearing within 30 days. Council Member Luecke made a motion to continue this bill until April 15, at the request of the petitioner, seconded by Council Member Broden. The motion carried. BILL NO 4 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH MAIN STREET FROM THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST MADISON STREET TO THE SOUTH RIGHT -OF -WAY LINE OF WEST MADISON FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN ORIGINAL TOWN OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and had no recommendation, since the petitioner did not attend the committee meeting. Crews Perkey, 16240 Candlewycke Court, made the presentation for the bill. He indicated the First United Methodist Church was requesting this vacation to prevent access for the general public to the alley directly behind the church in order to eliminate risk of injury to to pedestrians leaving the church, and to allow construction of a car cover for inclement weather. He indicated they planned to build a barrier at the south end so the traffic would be one way going north. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 2 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE TO REVISE REQUIREMENTS AS TO IDENTIFICATION OF ANIMALS, TO REVISE PROVISIONS FOR ANIMAL CONTROL AND PENALTIES FOR VIOLATIONS This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Broden. The motion carried. Council Member Washington 1 1 1